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COUNTY  AND  TOWNSHIP  GOVERNMENT 
IN  THE  UNITED  STATES 


THE  MACMILLAN  COMPANY 

NEW  YORK  •  BOSTON  •  CHICAGO  •  DALLAS 
ATLANTA  ■  SAN  FRANCISCO 

MACMILLAN  &  CO.,  Limited 

LONDON    •    BOMBAY    •  CALCUTTA 
MELBOURNE 

THE  MACMILLAN  CO.  OF  CANADA,  Ltd. 

TORONTO 


COUNTY   AND    TOWNSHIP 

GOVERNMENT  IN 

THE  UNITED  STATES 


BY 
KIRK  H.  PORTER,  Ph.D. 

ASSISTANT  PROFESSOR  OF  POLITICAL  SCIENCE 
STATE  UNIV'ERSITY  OF  IOWA 


THE  MACMILLAN  COMPANY 
1927 

A  It  righls  reserved 


1^)4400 


Copyright,  1922 
By  the  MACMILLAN  COMPANY 


Set  up  and  electrotyped.    Published  September,  1922. 


Printed  in  the  United  States  of  America 


^08 


PREFACE 


Tms  book  Is  intended  to  describe  county  and  township 
government  in  the  United  States.    In  addition  to  this  de- 
scription there  Is  developed  throughout  the  volume  a  con- 
sistent plan  for  the  reorganization  of  county  government 
fy       which  Is  summarized  In  chapter  fifteen.    It  is  hoped  the  book 
,^        will  be  considered  suitable  for  use  in  colleges  and  universities 
as  the  basis  for  a  course  of  study  in  county  and  township 
^  '  '^     goverrmient.    For  one  reason  or  another  this  field  has  been 
neglected  in  the  class  room.    And  yet  the  average  citizen 
comes   in   contact  with   offices   and   institutions  of    local 
government  much  more  frequently  than  he  does  with  the 
^  ,       organs  of  state  and   national   government.     It   Is   hoped 
^       therefore  that  this  volume  will  stimulate  teachers  of  po- 
litical science  to  offer  courses  on  local  government  in  those 
Institutions  where  It  has  been  neglected,  and  serve  as  an 
aid  to  those  who  are  already  teaching  courses  In  this  sub- 

^  Variations  in  type  were  found  to  be  so  numerous  as  almost 
^  to  discourage  any  effort  to  continue  with  the  work.  It 
seems  as  if  for  every  definite  statement  concerning  an  office 
or  institution  of  local  government  forty-seven  qualifying 
comments  must  be  added.  Yet  out  of  all  these  variations 
it  has  been  possible  to  pick  certain  very  essential  facts  about 
local  government  In  general;  and  the  puri:)ose  has  been  to 
present  them  without  undue  confusion.  The  nature  of  local 
government,  the  historical  origins,  the  characteristic  t>q)cs 
to  be  found  in  the  United  States  today,  the  legal  status  of 


VI  PREFACE 

local  areas  of  government,  the  functions  exercised  through 
them,  the  methods  pursued,  and  the  characteristic  officers 
and  institutions  have  been  discussed,  though  not  In  terms 
that  are  as  explicit  as  could  have  been  used  were  it  not  for 
all  the  manifold  variations.  An  actual  enumeration  of  the 
facts  concerning  local  government  In  each  of  the  forty-eight 
states  Is  left  to  a  work  of  different  character. 

In  discussing  the  functions  of  different  officers  a  somewhat 
unconventional  method  has  been  followed.  The  effort  has 
been  to  conjure  up  a  picture  of  local  officers  actually  at  work. 
Thus  many  of  the  homely  details  of  their  every-day  activities 
are  set  forth  at  some  length.  Many  of  their  duties  when 
described  in  this  way  seem  rather  petty  and  unimportant; 
but  they  do  affect  the  daily  life  of  every  citizen  most  inti- 
mately. So  for  this  reason  It  was  thought  well  to  discuss 
them  even  though  the  treatment  might  seem  rather  ele- 
mentary. 

Chapter  seventeen  Is  devoted  to  small  municipalities  such 
as  villages,  boroughs,  and  towns,  although  it  is  believed 
these  areas  ought  more  properly  to  be  considered  In  con- 
nection with  a  study  of  city  government.  This  matter  Is 
discussed  at  some  length  In  the  first  pages  of  chapter 
seventeen. 

In  most  of  the  chapters  will  be  found  numerous  critical 
comments  concerning  existing  types  of  local  government  or- 
ganization, and  many  constructive  proposals  with  regard  to 
the  possibility  of  reform.  So  much  adverse  criticism  is  being 
directed  upon  Institutions  of  local  government  that  It  was 
believed  these  comments  and  proposals  would  lend  this 
volume  a  greater  value  than  as  if  It  merely  afforded  a  de- 
scriptive account  of  existing  conditions. 

Appreciation  is  expressed  for  the  aid  rendered  by  Professor 
Benjamin  F.  Shambaugh,  Professor  Frank  E.  Horack,  and 
Professor  John  E.  Briggs,  all  of  the  State  University  of  Iowa. 


PREFACE  vii 

The  manuscript  was  read  by  them  and  their  criticisms  and 
suggestions  helped  greatly  to  make  this  volume  a  better 
work  than  it  otherwise  could  have  been. 

K.  H.  R 
Iowa  City,  June,  1922. 


CONTENTS 

Page 

Preface v 

Note  on  Bibuography xi 

Chapter 

I.  Minor  Areas  of  Government i 

II.  Origin  of  Local  Self-Government  in  America 21 

III.  Variations  from  the  New  England  Type 42 

IV.  Present  Day  Types  of  Local  Government  Organi- 

zation       58 

V.  The  Legal  Status  of  the  County  and  the  Town- 
ship       76 

VI.  Functions  of  the  County  and  the  Township 92 

VII.  The  County  Board  at  Work 114 

VIII.  The  Clerical  Offices 136 

IX.  County  Police  Functions 162 

X.  The  Law  Officers 189 

XI.  The  Finance  Officers 212 

XII.  Local  Charities  and  Public  Health 239 

XIII.  Schools  and  County  School  Officials 262 

XIV.  Roads  and  Highways 275 

XV.  Reform  of  County  Government 287 

XVI.  Townships  and  County  Districts 307 

XVII.  Small  Municipalities 323 

Index 341 


12 


NOTE  ON  BIBLIOGRAPHY 

There  is  given  below  a  very  brief  list  of  the  best  secondary 
sources  that  deal  with  county  and  township  government  in 
the  United  States.  No  student  of  the  subject  can  afford 
to  neglect  any  of  them,  and  the  writer  of  this  volume  is 
much  indebted  to  them  all. 

The  thorough  student  will  find  an  abundance  of  material 
in  constitutions,  statutes,  cases,  monographic  Hterature,  offi- 
cial records  and  reports.  The  general  and  special  histories 
add  their  bits  of  information  and  there  is  more  or  less  periodi- 
cal literature  dealing  with  the  subject.  But  even  the  most 
casual  investigator  will  find  interest  in  the  following: 

Geo.  E.  Howard — Local  Constitutional  History  of  the 
United  States. 

Johns  Hopkins  University  Studies  in  Historical  and  Polit- 
ical Science. 

Clarence  Aurner — History  of  Township  Government  in 
Iowa. 

J.  A.  Fairlie — Local  Government  in  Counties,  Towns,  and 
Villages. 

H.  G.  James — Local  Government  in  the  United  States. 

Annals  of  the  American  Academy  of  Political  and  Social 
Science,  Vol.  47. 

H.  S.  Gilbertson — The  County. 

C.  C.  Maxey — County  Administration. 

Documents  on  County  Government — published  by  The 
National  Short  Ballot  Organization. 

National  Municipal  Review. 

There  is  no  work  that  can  compare  with  Howard's  Local 
Constitutional   History   as   a   source   of   information   con- 


xii  NOTE  ON  BIBLIOGRAPHY 

ceming  the  origin  and  early  history  of  institutions  of  local 
government  in  America.  In  addition  to  this  work  there  are 
to  be  found  a  number  of  monographs  running  through  the 
volumes  of  the  Johns  Hopkins  Studies,  that  deal  with  his- 
toric origins. 

Concerning  the  history  of  the  development  of  Institutions 
of  local  government  during  the  nineteenth  century  very  little 
has  been  written.  The  best  work  of  this  sort  is  Aurner's 
History  of  Township  Government  in  Iowa,  published  by 
the  State  Historical  Society  of  Iowa.  Although  this  work 
deals  with  but  a  single  state  it  treats  of  a  situation  that  was 
essentially  characteristic  of  the  entire  Middle  West. 

A  descriptive  account  of  county  and  township  government 
in  the  United  States  today  Is  to  be  found  in  Fairlie's  work 
on  Local  Government  in  Counties,  Towns  and  Villages. 
This  was  the  first  work  of  its  kind  in  the  field,  and  It  deals 
with  conditions  that  have  not  changed  in  many  essential 
aspects.  This  volume  also  contains  an  excellent  bibliography 
on  local  government. 

Local  Government  in  the  United  States,  by  H.  G.  James, 
Is  the  latest  work  dealing  with  counties  and  townships 
in  the  same  descriptive  manner.  Four  chapters  deal  with 
the  subject,  the  rest  of  the  volume  being  devoted  to  local 
government  In  England  and  France,  and  to  city  government 
in  the  United  States. 

Volume  47  of  the  Annals  of  the  American  Academy  of 
Political  and  Social  Science  contains  a  descriptive  and 
critical  account  of  various  county  offices  and  institutions. 

H.  S.  Gilbertson's  The  County,  and  C.  C.  Maxey's 
County  Administration,  are  two  of  the  most  recent  vol- 
umes that  have  appeared,  the  latter  dealing  only  with  the 
situation  In  Delaware.  Both  are  highly  critical  and  point 
to  the  need  of  reform. 

But  the  most  stimulating  source  of  information  on  present 


NOTE  ON  BIBLIOGRAPHY  xiii 

day  conditions  is  the  loose  leaf  volume  of  Documents  on 
County  Government,  published  by  the  National  Short 
Ballot  Organization.  The  folders  and  pamphlets  in  this 
volume  come  from  many  sources,  some  not  so  reliable  as 
others,  but  all  devoted  to  a  striking  exposition  of  conditions 
as  they  are.  A  tendency  to  hostile  criticism  is  to  be  ob- 
served in  most  of  them. 

The  attention  of  the  student  is  further  Invited  to  the 
splendid  articles  appearing  regularly  in  the  National  Munic- 
ipal Review. 

K.  H.  P. 


COUNTY  AND  TOWNSHIP  GOVERNMENT 
IN  THE  UNITED  STATES 


COUNTY  AND  TOWNSHIP  GOVERN- 
MENT IN  THE  UNITED  STATES 

CHAPTER  I 
MINOR  AREAS  OF  GOVERNMENT 

Areas  of  Local  Government. — The  county  and  the 
township  are  usually  spoken  of  as  areas  of  local  govern- 
ment. In  this  connection  the  phrase  local  government  is 
acceptable  not  because  it  serves  to  indicate  any  distinctive 
characteristics  of  the  county  and  the  township,  but  rather 
simply  because  no  other  term  can  be  found  that  is  at  once 
brief  and  adequate.  Cities  and  villages  are  certainly 
areas  of  local  government.  Indeed  a  small  city  is  more 
truly  an  area  of  local  government  than  is  the  average  county; 
and  a  school  district,  too,  falls  into  the  same  category.  It 
is  therefore  desirable  to  differentiate  clearly  between  these 
various  areas  of  government  with  a  view  to  arriving  at 
some  distinctive  characteristics  of  the  areas  with  which 
this  volume  is  particularly  concerned. 

Greater  Areas  of  Government. — It  is  very  easy  to  fall 
into  a  careless  way  of  speaking  about  political  units. 
Thus  one  sometimes  speaks  of  other  "countries,"  and 
other  "nations,"  and  other  "states,"  using  the  three  terms 
interchangeably.  Curiously  enough,  the  latter  term,  while 
most  nearly  accurate  in  a  majority  of  cases,  is  used  the 
least  often.  The  so-called  "country"  or  "nation"  is  of 
course  the  political  unit  that  is  most  significant  in  all 
political  relations  to-day,  and  as  a  political  unit  it  is  more 


2  COUNTY  AND  TOWNSHIP  GOVERNMENT 

properly  spoken  of  as  a  "state"  than  as  a  "country"  or  a 
"nation."  The  word  " country  "  may  imply  a  geographical 
area  that  is  not  quite  coterminous  with  the  political  area 
in  question,  and  the  word  "nation"  may  imply  a  race  of 
people  who  do  not  all  reside  within  the  same  political  juris- 
diction. But  it  is  not  necessary  here  to  go  further  into 
the  meaning  of  these  words,  except  to  say  that  the  term 
state  should  be  used  to  indicate  the  most  nearly  sovereign 
political  unit  with  which  the  science  of  politics  is  familiar 
to-day.  Thus  Great  Britain,  France,  Spain,  the  United 
States,  Holland,  Switzerland,  and  some  forty  others  are 
political  units  known  in  the  language  of  political  science 
as  states. 

Sovereign  States. — Usually  these  states  are  called  sover- 
eign states,  and  the  word  sovereign  is  supposed  to  imply 
complete  independence,  a  capacity  to  do  anything  that 
may  be  desired,  the  absence  of  any  obligation  to  recognize 
the  authority  of  any  external  power,  and  freedom  to  con- 
trol internal  polity  in  every  respect.  But  as  the  sanctions 
of  international  law  come  to  be  looked  upon  as  possessing 
greater  authority  and  come  to  be  more  surely  enforcible 
by  orderly  legal  process,  the  word  sovereign  will  cease  to 
have  some  of  its  old  significance.  Indeed  in  recent  decades 
it  has  been  little  more  than  an  empty  compliment  when 
applied  to  such  states  as  Belgium,  or  even  China. 

A  World  State. — All  this  is  important  for  the  present 
purpose  only  in  so  far  as  it  is  suggestive  of  the  possibility 
that  the  future  may  witness  the  emergence  of  a  pohtical 
unit  larger  than  the  present  day  so-called  sovereign  state. 
It  is  easily  conceivable  that  a  league  of  nations  might 
develop  into  a  world  state  or  a  political  unit  that  would  be 
superior  to  all  of  the  present-day  sovereign  states.  But 
imtil  such  an  organization  shall  appear,  the  state,  spoken 
of  carelessly  as  the  nation  or  country,  will  be  recognized 


MINOR  AREAS  OF   GOVERNMENT  3 

as  the  largest  significant  political  unit.  The  terms  mon- 
archy, republic,  empire,  kingdom,  democracy — all  have  to 
do  with  the  character  of  internal  organization  and  the  type 
of  government.    The  word  state  indicates  the  political  unit. 

Self -Governing  Dependencies. — It  follows,  therefore,  that 
all  other  poHtical  units  must  be  more  or  less  subordinate 
to  the  authority  of  the  state  and  embrace  a  smaller  area. 
How  small  this  area  must  be  before  it  can  properly  be 
called  an  area  of  "local"  government  is  impossible  to  say. 
The  largest  areas  or  units  within  the  jurisdiction  of  a 
single  state  are  the  self-governing  portions  of  an  imperial 
state.  Such  are  Canada  and  Australia.  They  stand  as 
political  units  that  are  but  portions  of  the  greater  union 
kno\Mi  as  the  British  Empire.  Except  for  some  of  their 
international  relationships  these  political  units  are  so  far 
independent  as  to  be  properly  classed,  rather  loosely,  with 
the  sovereign  states  themselves. 

Portions  of  a  Federal  Slate. — Proceeding  further  into  the 
classification  of  political  areas  one  comes  upon  the  com- 
ponent units  in  a  state  such  as  the  United  States,  where  a 
federal  type  of  government  obtains.  Here  a  little  confusion 
may  arise,  for  when  the  American  has  used  the  word 
"state"  to  indicate  the  United  States  he  finds  himself 
somewhat  at  a  loss  for  a  word  to  apply  to  California,  or 
Massachusetts,  or  any  of  the  other  forty-six  so-called  states. 
The  original  thirteen  colonies  did  actually  possess  many 
of  the  attributes  of  real  statehood  if  indeed  they  were  not 
really  sovereign.  As  soon  as  the  colonies  ceased  to  be 
colonial  possessions  the  term  state  was  appropriated  and 
the  present  forty-eight  commonwealths  constituting  the 
United  States  no  doubt  always  will  be  called  states  even 
though  the  use  of  the  word  is  not  altogether  appropriate. 
Yet  as  a  matter  of  fact  these  commonwealths  do  possess 
many  of  the  important  attributes  of  sovereignty.    Each  has 


4  COUNTY  AND  TOWNSHIP  GOVERNMENT 

a  complete  structure  of  political  machinery  entirely  ade- 
quate to  cope  with  all  the  governmental  problems  that 
could  face  a  people.  Like  sovereign  states  they  have 
legislatures,  executive  departments,  judiciaries,  adminis- 
trative machinery,  and  all  the  governmental  organs  and 
institutions  that  are  essential  to  the  maintenance  of  po- 
litical existence.  While  they  do  not  at  present  exercise 
any  control  over  certain  matters  such  as  foreign  afifairs, 
the  mails,  and  coinage,  their  governmental  organization 
is  such  that  the  functions  in  these  connections  could  be 
assumed  with  a  very  little  readjustment  of  existing  ma- 
chinery. The  twenty-six  states  composing  the  late  German 
Empire  were  in  much  the  same  position,  and  possibly  the 
cantons  of  Switzerland  could  be  placed  in  this  category. 

All  these  political  units,  called  states, — some  of  them 
sovereign,  some  of  them  parts  of  a  greater  union  or  empire, — 
may  properly  be  designated  major  areas  of  government  for 
the  sake  of  simplifying  discussion. 

Minor  Areas  of  Government.— But  more  important 
in  the  present  connection  is  the  differentiation  and  classi- 
fication of  poHtical  units  that  may  be  called  minor  areas 
of  government.  These  areas  of  government  are  invariably 
created  by,  or  exist  on  sufferance  of,  the  major  area. 
Any  such  minor  area  or  geographical  subdivision  of  a 
state  may  be  considered  a  political  unit  when  it  exists  for 
the  purpose  of  carrying  on  some  governmental  function. 
Thus  a  city  is  created  for  the  purpose  of  carrying  on  all  the 
so-called  municipal  functions:  its  governmental  machinery 
is  adapted  to  this  purpose.  The  city  is  a  political  unit  and 
is  a  minor  area  of  government. 

On  the  other  hand,  a  state  may  be  divided  arbitrarily 
into  a  number  of  geographical  districts  within  each  of 
which  some  governmental  functionaries  will  carry  on  their 
duties,  as  do  collectors  of  internal  revenue  within  their 


MINOR  AREAS  OF  GOVERNMENT  5 

districts.  These  districts,  too,  may  be  called  political 
units  and  classed  as  minor  areas  of  government.  Again, 
the  state  may  be  divided  into  districts  within  each  of  which 
a  judge  will  hold  sessions  of  his  court;  or  districts  may  be 
created  that  will  serve  as  areas  from  which  representatives 
may  be  chosen  to  sit  in  some  legislative  assembly;  or 
districts  may  be  created  that  will  stand  alone  for  some 
special  function,  having  each  its  own  peculiar  organiza- 
tion for  the  purpose,  as  for  instance,  park  districts.  All 
such  districts  may  properly  be  designated  minor  areas  of 
government. 

It  is  obvious  that  as  the  business  of  government  grows 
more  complex  and  these  various  political  units  or  areas 
are  multiphed  they  are  sure  to  overlap,  and  together  with 
the  counties  and  the  townships  compose  a  complicated 
and  more  or  less  confusing  system  of  many  unrelated 
jurisdictions.  It  is  possible,  however,  to  classify  all  of  these 
minor  areas  with  some  fair  measure  of  success,  according 
to  the  purposes  for  which  they  exist. 

/.  Cities. — First  in  such  a  classification  are  the  cities — 
minor  areas  of  government  that  are  perfectly  familiar  the 
world  over.  In  the  United  States  they  are  created  by  state 
authority  and  their  governmental  machinery  is  prescribed 
in  considerable  detail.  They  may  be  given  charters  by 
which  their  boundaries  are  clearly  indicated  and  their 
powers  and  duties  set  forth;  or,  as  more  frequently  is  the 
case  to-day,  these  matters  may  be  determined  in  a  general 
law.  The  dty  is  largely  independent  of  all  other  areas  of 
government  except  that  of  the  state  itself,  though  other 
areas  may  overlap  the  city  without  seriously  impairing 
its  independence.  Though  obviously  the  city  exists  to 
satisfy  local  needs  it  is  not  usually  referred  to  as  an  area 
of  local  government,  that  phrase  being  reserved  by  common 
usage  for  the  county  and  the  township. 


6  COUNTY  AND  TOWNSHIP  GOVERNMENT 

2.  Villages,  Boroughs,  Towns. — Villages,  boroughs  and 
towns  are  in  the  same  class  with  cities.  Their  functions 
are  similar  and  their  governmental  organization  is  about 
the  same.  The  principal  differences  have  to  do  with  size 
and  extent  of  power.  Like  the  cities,  each  one  has  a  chief 
executive,  a  legislative  council,  and  all  the  other  organs 
of  government  and  institutions  necessary  to  the  exercise 
of  municipal  functions.  It  is  customary  for  these  small 
urban  communities  to  seek  the  status  of  cities  as  soon  as 
the  population  has  become  great  enough.  And  since  it  is 
primarily  the  purpose  of  this  volume  to  discuss  the  dis- 
tinctly rural  areas  rather  than  the  urban,  such  communities 
might  well  be  dismissed  from  any  further  consideration. 
But  this  matter  is  discussed  in  a  later  chapter,*  and  suffice 
it  for  the  present  to  give  these  small  municipalities  a  place 
in  the  classification  of  governmental  areas. 

J.  Judicial  Districts. — The  judicial  district  is  also  well 
known.  It  is  an  area  marked  out  in  order  to  facilitate  the 
administration  of  justice.  In  the  past,  when  counties 
have  served  as  judicial  districts,  as  has  often  been  the 
case,  the  judicial  district  as  a  distinct  poHtical  unit  or 
area  of  government  has  not  existed.  As  a  rule  each  county 
maintained  its  court  and  the  jurisdiction  of  the  court 
would  extend  no  further  than  the  county  lines.  But  it 
often  proved  to  be  the  case  that  one  county  would  not 
supply  enough  judicial  business  to  occupy  the  full  time 
of  a  court,  and  for  this  and  other  reasons,  too,  it  has  been 
desirable  to  embrace  two  or  more  counties  within  the 
jurisdiction  of  a  single  court.  When  this  occurs  a  new 
political  entity — quite  distinct  from  the  counties  them- 
selves— comes  into  existence,  and  it  may  be  called  simply 
a  judicial  district.  There  may  be  only  ten  or  twelve  such 
districts  in  a  state  containing  a  hundred  or  more  counties, 
*  Chapter  XVII. 


MINOR  AREAS  OF   GOVERNMENT  7 

and  thus  these  districts  comprise  a  system  of  political 
units  quite  distinct  and  apart  from  all  other  areas  of  gov- 
ernment. 

It  is  by  no  means  necessary  that  the  boundaries  of  a 
judicial  district  should  not  cut  athwart  the  boundaries  of 
a  county,  thus  embracing  only  parts  of  several  counties 
instead  of  an  even  number  of  entire  counties.  But  it  has 
been  customary,  for  diverse  reasons,  not  to  cut  athwart  of 
county  lines  in  marking  out  judicial  districts. 

On  the  other  hand,  it  might  well  be  desirable  to  have 
two  or  more  judicial  districts  within  the  limits  of  one  very 
populous  county.  The  chief  point  to  bear  in  mind  is  that  a 
system  of  judicial  districts  may  exist  quite  independently 
of  other  governmental  areas. 

4.  Representative  Districts. — Famihar,  likewise,  as  a 
pohtical  unit  is  the  representative  district — a  local  area 
designated  for  the  purpose  of  choosing  representatives  to 
sit  in  a  legislative  assembly,  when  the  members  thereof 
are  not  selected  at  large.  It  is  natural  to  assume  that 
such  districts  would  be  marked  out  according  to  popu- 
lation, and  that  no  other  factor  need  be  taken  into  con- 
sideration. But  as  a  matter  of  practice,  other  factors  do 
almost  invariably  have  weight  in  determining  the  lines 
of  such  districts.  Thus  every  state  enjoys  representation 
in  the  United  States  Senate  regardless  of  population,  and 
not  infrccjuently  every  county  in  a  given  state  enjoys  repre- 
sentation in  the  state  assembly,  regardless  of  population. 
But  a  system  of  representative  districts  may,  and  some- 
times docs,  exist  quite  independently  of  other  areas  of 
government,  having  been  marked  out  solely  according  to 
population.  They  may  then  be  called  political  units,  for 
they  are  areas  for  governmental  purposes.  The  purpose 
is  very  limited  to  be  sure,  and  the  degree  of  political  or- 
ganization within  the  district  is  very  slight,  but  even  so, 


8  COUNTY  AND  TOWNSHIP   GOVERNMENT 

the  representative  district  has  a  character  all  its  own  and 
deserves  a  place  in  the  classification  of  minor  areas  of 
government. 

Pure  representative  districts  of  course  possess  essen- 
tially the  same  characteristics  the  world  over.  At  stated 
times  the  people  within  the  district  proceed  to  elect  one  or 
more  representatives  to  sit  for  that  district  in  a  legislative 
assembly  for  a  given  period.  Representative  districts 
in  the  United  States  are:  the  states  themselves,  from 
which  the  United  States  senators  are  elected;  state  senatorial 
districts  and  state  representative  districts  (oftentimes 
identical  in  area  with  the  counties) ;  county  board  districts 
(oftentimes  identical  in  area  with  the  townships) ;  and  city 
wards.    All  are  representative  districts. 

5.  The  Pure  Administrative  District. — Another  sort 
of  minor  area  or  district  that  exists  for  governmental 
purposes  is  what  may  be  called  the  pure  administrative 
district.  It  has  not  been  very  fully  developed  in  the 
United  States,  and  is  more  or  less  unfamiliar  to  the  average 
American.  But  on  the  continent  of  Europe  the  admin- 
istrative district  and  the  ideas  of  government  which  it 
serves  to  fulfill  are  much  more  common.  Primarily,  the 
administrative  district  exists  for  the  purpose  of  carrying 
out  a  governmental  programme  conceived  by  authority 
superior  to  and  outside  of  the  district  itself.  The  idea 
involved  does  not  admit  any  considerable  amount  of  local 
self-government.  There  lies  the  principal  reason  why  the 
system  of  administrative  districts  has  not  been  popular 
in  the  United  States,  for  that  system  does  provide  a  highly 
centralized  and  efficient  organization  for  carrying  on 
government  activities. 

By  way  of  illustration,  let  it  be  supposed  for  a  moment 
that  one  of  our  state  governments  should  centralize  and 
concentrate  within  itself  all  political  authority,  and  exercise 


MINOR  AREAS  OF  GOVERNMENT  9 

that  authority  directly,  without  permitting  the  exercise  of 
what  is  called  local  self-government.  Picture  this  state 
arbitrarily  divided  into  a  considerable  number  of  districts 
upon  the  authority  of  the  state  central  government.  Within 
each  of  these  districts  there  might  be  officers  with  varying 
functions — all  appointed  upon  the  authority  of  the  state 
central  government.  The  state  central  authorities  would 
make  all  the  law  for  the  entire  state,  and  the  district  officers 
would  administer  it  strictly  in  accordance  with  instructions 
from  state  authorities.  These  district  officers  might 
then  proceed  to  exercise  direct  control  over  police  func- 
tions, roads  and  bridges,  the  assessment  and  collection  of 
taxes,  school  affairs,  the  administration  of  justice,  and 
the  care  of  the  poor,  the  insane,  and  those  who  were  sick 
and  indigent.  They  would  look  after  public  health  and 
sanitation,  and  might  even  exercise  the  function  of  fire 
protection,  and  supervise  the  management  of  parks  and 
the  construction  of  drainage  systems.  They  might  exercise 
direct  control  over  public  utility  corporations,  gas  and 
electric  light  companies,  water  supply,  and  street  railway 
corporations.  They  might  supervise  the  financial  opera- 
tions of  all  public  officers  within  the  district,  and  even 
control  the  letting  of  contracts  for  public  works  and  sup- 
plies. And  at  all  times  these  district  officers  would  act 
in  strict  subordination  to  the  state  central  authorities,  and 
often  with  small  regard  to  local  sentiment. 

Here  then  would  be  a  splendid  system  of  pure  adminis- 
trative districts,  wherein  administrative  responsibility 
would  be  liighly  centralized  and  a  very  high  standard  of 
efficiency  attained  with  a  minimum  of  cost.  But  what 
of  local  self-government?  The  thought  of  being  governed 
from  above  in  all  such  matters  of  local  concern  without 
having  an  opportunity  to  determine  policies  or  control 
administration  is  so  repugnant  to  the  American  mind  that 


lo  COUNTY  AND  TOWNSHIP  GOVERNMENT 

such  a  governmental  system  as  has  been  outlined  above 
would  probably  be  quite  unacceptable  even  in  these  days 
when  efficiency  in  government  is  sought  after  with  such 
eagerness. 

At  the  same  time  it  is  to  be  observed  that  the  adminis- 
trative district  is  by  no  means  entirely  foreign  to  the 
American  system  of  government,  else  there  would  be 
slight  justification  for  discussing  it  in  this  connection. 
Indeed  the  idea  has  always  been  appropriated  in  con- 
nection with  the  exercise  of  certain  governmental  functions, 
and  it  is  becoming  more  and  more  common  in  the  United 
States  every  decade.  In  a  word,  the  pure  administrative 
district  and  the  centralization  of  authority  which  it  in- 
volves are  entirely  acceptable  to  the  American  mind  when 
used  in  the  exercise  of  functions  which  are  thought  proper 
for  state  authorities  to  control  directly.  For  the  most 
part  these  functions  have  been  so  few  and  unimportant, 
and  the  officers  so  few  and  inconspicuous,  as  largely  to 
escape  public  attention;  and  the  districts  within  which 
they  function  are  so  unimportant  as  areas  of  government 
that  they  scarcely  deserve  mention.  But  as  the  states 
undertake  more  activities  and  functions  that  require 
elaborate  administrative  machinery,  and  furthermore, 
functions  which  in  the  past  have  been  exercised  by  local 
authorities,  the  administrative  district  is  bound  to  come 
into  greater  prominence  and  the  theory  of  government 
involved  is  sure  to  be  challenged  by  those  who  are  jealous 
of  the  older  democratic  institutions  of  local  self-government. 

A  state,  for  instance,  may  be  divided  into  districts  for 
the  purpose  of  administering  a  pure  food  law,  and  state  in- 
spectors exercise  their  functions  within  these  districts 
without  exciting  much  attention.  But  suppose  it  were 
proposed  to  divide  the  state  into  districts  and  to  appoint 
district  officials  to  exercise  all  police  functions,  with  the 


MINOR  AREAS  OF  GOVERNMENT         II 

consequent  abolition  of  all  the  county  sheriffs,  township 
constables  and  other  local  peace  officers !  Although  such  a 
proposition  would  merely  involve  an  extension  of  the  ad- 
ministrative district  idea  it  would  certainly  excite  a  great 
deal  of  comment  and  vigorous  opposition. 

In  those  states  where  an  income  tax  is  operating  the 
state  is  divided  into  administrative  districts  for  the  purpose 
of  collecting  it.  But  suppose  the  assessment  and  collection 
of  all  taxes  were  intrusted  to  state  authorities,  and  they 
functioned  through  similar  districts!  There  again  would 
be  a  decided  extension  of  the  administrative  district  idea. 

These  districts  have  existed  for  such  inconspicuous 
purposes  in  the  past  that  the  pubUc  does  not  reahze  how 
easily  the  ideas  could  be  worked  out  in  connection  with  a 
radical  programme  of  state  government  reorganization,  a 
programme  which  might  involve  a  taking  over  of  many  func- 
tions never  exercised  before  under  direct  supervision  of 
the  state  authorities.  But  the  movement  is  afoot  and 
gaining  headway.  Already  state  authorities  are  gaining 
control  over  school  affairs,  and  districts  are  arbitrarily 
created  in  order  to  facilitate  school  administration.  State 
authorities  are  gaining  control  over  road  improvement 
projects  and  districts  are  created  for  the  purpose.  In 
Pennsylvania,  New  York,  and  Texas,  and  in  some  other 
states  to  a  lesser  extent,  the  central  authorities  are  exer- 
cising police  functions.  So  it  may  be  expected  that  a 
steady  extension  of  the  administrative  district  idea  will 
continue. 

There  arc  two  principal  factors  that  account  for  the 
slowness  with  which  this  system  of  government  has  de- 
veloped in  the  United  States.  The  first  has  already  been 
hinted  at:  it  is  the  desire  for  local  self-government  that  is 
latent  in  the  Anglo-Saxon  temperament.  Ever  since  this 
continent  was  first  settled  the  people  have  been  exceedingly 


12  COUNTY  AND- TOWNSHIP  GOVERNMENT 

jealous  of  their  right  to  control  their  own  local  affairs 
directly,  instead  of  through  the  instrumentality  of  central, 
and  more  or  less  remote,  authorities.  This  desire  is  a 
manifestation  of  an  early  concept  of  democracy.  Con- 
temporary students  of  politics  know  that  democratic 
political  machinery  cannot  be  static.  No  one  system  of 
government  is  intrinsically  democratic  to  the  exclusion 
of  all  others.  Democracy  cannot  be  expressed  in  any 
particular  rigid  formulae.  But  the  statesmen  of  a  century 
ago  were  very  sure  that  real  democracy  involved  the  right 
of  the  people  to  manage  all  of  their  local  concerns  directly 
themselves.  This  meant  the  right  to  determine  policies 
as  well  as  the  right  to  control  administration.  It  meant 
for  instance  the  right  to  determine  what  roads  should  be 
improved,  and  how,  what  schools  should  be  maintained, 
what  methods  of  caring  for  the  poor  and  insane  should  be 
followed,  what  type  of  police  protection  should  be  afforded, 
the  amount  and  method  of  collecting  taxes,  and  many 
other  things  as  well. 

There  is  much  of  this  same  spirit  manifest  to-day,  and 
it  is  a  spirit  of  which  the  present  generation  may  well  be 
proud,  although  it  is  not  always  possible  to  approve  of  its 
present-day  application  to  the  practical  problems  of  gov- 
ernment. This  spirit  is  particularly  vigorous  in  the  cities 
and  finds  expression  in  demands  for  home  rule,  and  local 
control  over  pubKc  utilities  and  other  institutions.  Un- 
fortunately it  is  often  perverted  and  kept  aflame  by  un- 
scrupulous politicians  and  demagogues  who,  actuated  by 
ulterior  motives,  find  plenty  of  ignorance  and  stupid 
prejudice  to  play  upon.  But  at  any  rate  the  presence  of 
this  particular  spirit  of  democracy  and  the  desire  for  this 
particular  kind  of  self-government  have  been  important 
factors  in  blocking  the  centralization  of  authority  and  the 
development  of  the  administrative  district.     And,  as  a 


MINOR  AREAS  OF  GOVERNMENT  13 

corollary  it  might  be  added,  it  has  served  to  keep   alive 
the  county  and  the  township. 

Writers  on  the  subject  of  state  administration  are  in- 
clined to  deplore  this  situation.  They  point  out  that  it 
makes  for  gross  inefficiency,  lack  of  uniformity,  failure  to 
attain  proper  standards  (as  in  school  matters,  road  im- 
provement, and  the  care  of  dependents),  and  worst  of 
all  gross  wastefulness.  But  these  constitute  the  price  that 
the  American  people  seem  to  have  been  willing  to  pay  for 
the  enjoyment  of  their  particular  type  of  democracy. 
Experts  insist  that  the  public  pays  the  price,  as  measured 
in  terms  of  inefficiency  and  wastefulness,  and  fails  to  gain 
real  democracy.  They  are  partly  right  of  course,  and 
yet  the  present  generation  might  view  with  some  indulgence 
this  heritage  of  conservatism  that  has  come  down  from  those 
who  established  democratic  institutions  upon  this  continent. 

The  second  chief  point  to  be  held  in  mind  as  an  explana- 
tion of  the  slow  development  of  centralization  and  the 
administrative  district  idea,  is  the  ready  acceptance  in  the 
United  States  of  the  doctrine  of  administrative  decentrali- 
zation. This  doctrine  is  based  upon  the  assumption  that 
locally  elected  officers  are  entirely  competent  to  administer 
the  law  enacted  by  central  authorities.  Thus  it  implies 
that  a  state  government  may  enact  laws  in  great  variety 
that  involve  many  problems  of  interpretation,  and  that 
county,  city  and  town  authorities  will  enforce  them;  that 
criminal  statutes  may  be  written  upon  the  statute  books 
and  all  the  county  prosecutors,  locally  elected,  will  pro- 
ceed to  enforce  them;  that  health  regulations  and  building 
codes  may  be  enacted,  and  that  local  officers  can  be  relied 
upon  to  enforce  them  to  the  letter.  In  a  word,  it  implies 
the  absence  of  state  authorities  whose  business  it  would 
be  to  enforce  state  laws. 

Fortunately  this  idea  has  not  been  carried  out  in  con- 


14  COUNTY  AND   TOWNSHIP  GOVERNMENT 

nection  with  the  operations  of  the  federal  government. 
When  Congress  passes  an  income  tax  law  federal  agents 
are  appointed  to  collect  the  tax ;  when  Congress  enacts  leg- 
islation to  enforce  the  eighteenth  amendment  federal 
agents  proceed  to  enforce  it;  and  in  general  it  is  the  busi- 
ness of  federal  prosecuting  attorneys  to  enforce  all  federal 
legislation. 

There  is  an  historical  explanation  of  the  fact  that  the 
doctrine  of  administrative  decentralization  became  fastened 
upon  the  state  governments  and  not  upon  the  federal 
government;  but  the  significant  thing  is  that  it  clings  with 
such  tenacity.  Local  authorities,  elected  in  small  areas, 
responsible  to  no  one  except  to  the  people,  are  supposed 
to  enforce  state  and  local  law  with  entire  impartiality. 
The  state  legislature  might  pass  an  act  concerning  gambling, 
and  instead  of  its  being  enforced  by  state  officers  responsible 
to  central  authorities  it  would  be  enforced  by  a  hundred  or 
more  different  prosecuting  attorneys  in  as  many  counties, 
no  one  of  them  responsible  to  any  superior  officer,  and 
each  one  interpreting  the  law  as  he  might  see  fit.  Illus- 
trations could  be  multiplied  indefinitely,  but  they  may 
better  be  presented  when  the  functions  of  the  ofiicers  in- 
volved are  under  consideration. 

This  doctrine  of  administrative  decentrahzation,  like 
the  desire  for  literal  self-government  and  home  rule,  grows 
out  of  old-fashioned  democratic  philosophy.  It  puts  in 
practice  that  somewhat  vague  and  belligerent  principle 
which  demands  a  government  of  laws  and  not  of  men,  the 
implication  being  that  any  honest  ofiicer  will  enforce  the 
law  as  he  finds  it  written,  and  need  not  be  accountable  to 
any  superior. 

The  most  significant  consequence  of  the  practice  of  ad- 
ministrative decentralization  in  the  states  is  the  existence 
of  relatively  independent  rural  areas  of  local  self-govern- 


MINOR  AREAS  OF  GOVERNMENT  15 

ment  that  are  more  or  less  peculiar  to  the  United  States. 
These  areas  are  the  counties  and  the  townships. 

6.  Special  Districts. — There  is  still  another  distinct  type 
of  governmental  area  that  deserves  mention.  It  is  not  a 
pure  administrative  district  for  it  does  not  exist  for  the 
purpose  of  executing  a  legislative  programme  enacted  by 
central  authorities  and  is  not  officered  by  centrally  ap- 
pointed officials.  The  particular  type  of  area  now  in 
question  is  usually  created  because  of  the  ineptitudes  of 
existing  city,  county  and  township  governments,  and  in 
order  to  avoid  doing  \aolence  to  the  desire  for  self-govern- 
ment. Park  and  drainage  districts  are  the  most  familiar 
in  this  particular  class.  It  may  be  desirable  for  instance 
to  set  aside  a  considerable  tract  of  land  for  park  or  drainage 
purposes.  The  area  may  overlap  several  city,  county  and 
township  jurisdictions.  It  would  be  impossible  to  cany- 
out  the  project  of  drainage  construction  or  park  building 
unless  certain  officers  were  selected  and  given  power  to 
control  and  direct  the  operations  in  hand  quite  independ- 
ently of  the  governing  authorities.  To  turn  the  whole 
business  over  to  state  authorities  would  be  to  do  consider- 
able violence  to  democratic  sentiment;  on  the  other  hand, 
existing  local  government  machinery  could  not  function 
easily  when  the  operations  overlap  several  distinct  juris- 
dictions. Therefore  a  compromise  scheme  has  been  worked 
out.  The  area  is  set  aside  usually  as  a  result  of  popular 
referendum.  Officers  are  elected  within  the  newly  created 
area  and  they  are  given  very  limited,  specific,  and  minutely 
defined  powers  to  proceed  with  the  project  for  which  the 
area  has  been  marked  off. 

7.  Counties  and  Townships. — Having  come  finally  to 
the  county  and  the  township,  a  word  may  be  said  in  order 
to  give  them  a  distinctive  character  as  contrasted  with  all 
other  minor  areas  of  government.     It  is  evident  that  a 


l6  COUNTY  AND  TOWNSHIP  GOVERNMENT 

map  of  a  typical  state  would  present  a  very  complicated 
maze  of  crossing  lines  if  all  of  the  minor  areas  of  govern- 
ment were  marked  upon  it.  And  yet  each  area  established 
for  governmental  purposes  has  its  own  distinctive  char- 
acteristics. Any  area  becomes  a  political  unit  when  it 
possesses  some  degree  of  organization  for  the  puipose  of 
carrying  out  a  governmental  programme,  no  matter  how 
simple  it  may  be.  Even  if  there  be  only  one  ofHcer,  exer- 
cising just  one  trifling  function,  the  area  of  his  operations 
becomes  a  political  unit. 

Areas  for  Local  Self-Government. — The  outstanding 
characteristic  of  the  county  and  the  township  is  that  they 
are,  and  always  have  been,  areas  for  local  5e//-govemment. 
In  none  of  the  areas  described  above,  except  the  munici- 
pality, is  there  an  opportunity  for  any  real  self-government, 
— self-government  that  provides  an  opportunity  for  the 
inhabitants  to  determine  for  themselves  through  their  own 
locally  elected  officials,  a  governmental  programme  which 
they  can  finance  and  carry  through  without  regard  to  any 
external  authority.  Self-government  involves  the  deter- 
mination of  policies.  What  shall  be  done  during  the  cur- 
rent year?  What  institutions  shall  be  established?  How 
much  money  shall  be  spent?  How  shall  the  money  be 
raised?  When  a  community  is  in  a  position  to  answer  these 
questions  to  its  own  satisfaction,  without  regard  to  external 
authorities,  it  enjoys  a  very  considerable  measure  of  self- 
government. 

One  would  not  call  a  judicial  district  an  area  of  local 
self-government;  nor  yet  could  a  representative  district 
be  so  described;  and  certainly  an  administrative  district  is 
not  an  area  of  local  self-government;  for  in  none  of  these 
areas  is  there  to  be  found  governmental  machinery  through 
which  the  inhabitants  can  determine  a  programme  of  action 
and  carry  it  out  to  suit  themselves.    This  is  just  exactly  the 


MINOR  AREAS  OF  GOVERNMENT         17 

sort  of  opportunity  which  the  organization  of  the  county 
and  towTiship  do  afford.  It  is  therefore  proper  to  call  the 
county  and  the  township  areas  of  local  self-government 
in  a  sense  that  is  not  possible  when  referring  to  the  other 
types  of  district. 

Significance  of  Self-Govemment. — The  importance  of 
this  point  cannot  be  too  firmly  emphasized.  Contemporary 
political  tliinkers  are  by  no  means  convinced  that  local 
self-government  is  essential  to  democracy,  but  the  fact 
remains  that  local  self-government  has  been  looked  upon 
as  an  essential  feature  of  democracy  in  America,  and  it 
has  been  through  the  county  and  the  township  that  self- 
government  has  been  exercised.  If  it  were  not  for  the 
political  machinery  of  county  and  township  all  the  people 
Hving  outside  the  boundaries  of  urban  districts  would 
have  no  opportunity  to  enjoy  this  peculiarly  American 
form  of  democracy.  And  after  all,  so  far  as  area  is 
concerned,  the  municipalities  are  but  dots  upon  the 
map. 

To  be  sure  this  particular  feature  of  American  democracy 
is  rapidly  losing  its  hold.  The  measure  of  real  discretion 
resting  with  the  county  or  township  comes  to  be  less  and 
less  each  year,  and  the  functions  which  local  authorities 
have  to  perform  simply  as  agents  of  their  own  community 
are  less  and  less  important.  This  is  a  result  of  the  extension 
of  state  activity  and  control  as  well  as  a  declining  interest 
in  local  governmental  institutions.  But  American  democ- 
racy has  its  roots  down  deep  in  the  county  and  the  town- 
ship, and  the  county  particularly  is  the  very  basis  of  the 
political  structure  in  most  of  the  states.  This  doubtless 
will  continue  to  be  the  case  notwithstanding  the  fact  that 
the  county  is  losing  its  place  as  an  area  of  local  self-gover- 
ment  strictly  speaking. 

Combining  Functions. — While  the  function  of  self-gov- 


1 8  COUNTY  AND  TOWNSHIP  GOVERNMENT 

eminent  is  the  distinguishing  feature  about  the  county  and 
the  township,  it  will  be  found  that  frequently  they  func- 
tion also  in  the  same  capacity  as  do  the  other  minor  areas 
of  government;  and  it  is  the  exercise  of  these  other  func- 
tions that  will  guarantee  the  county  at  least,  a  very  im- 
portant position  in  the  governmental  structure  no  matter 
what  happens  to  the  function  of  self-government.  County 
government  therefore  presents  numerous  complexities  in 
the  way  of  functions  and  as  regards  the  status  of  ofi&cers. 
For  instance,  the  county  may  be  itself  a  judicial  district, 
the  judge  will  be  known  as  the  county  judge  and  the 
court  will  be  spoken  of  as  the  county  court.  Indeed  there 
may  be  no  other  state  judicial  districts.  But  as  a  judicial 
district  the  county  is  not  strictly  speaking  an  area  of  local 
self-government:  it  merely  happens  occasionally,  for  one 
reason  or  another,  that  the  county  serves  this  purpose  as 
well  as  other  purposes. 

Again  it  is  quite  likely  that  the  county  will  be  discovered 
as  a  representative  district.  In  each  county  a  representa- 
tive may  be  chosen  to  sit  in  the  state  legislature.  It  will  be 
found  that  this  has  been  done  in  a  great  many  of  the  states, 
whereas  it  might  have  happened  that  the  state  would  have 
been  divided  arbitrarily  into  representative  districts  with- 
out regard  to  county  lines,  just  as  the  states  are  divided 
into  congressional  districts.  Thus  when  the  county  serves 
as  the  unit  of  representation  in  the  state  legislature  it  is 
nothing  more  nor  less  than  a  representative  district,  it 
merely  happens  that  the  representative  district  Hnes  cor- 
respond with  the  county  lines.  But  the  fact  does  not  have 
any  bearing  upon  the  status  of  the  county  as  an  area  of 
local  self-government. 

Counties  as  Administrative  Districts.— The  scarcity  of 
pure  administrative  districts  has  been  mentioned.  One 
reason  for  this  scarcity  is  that  the  county  and  the  township 


MINOR  AREAS  OF  GOVERNMENT         19 

have  been  accepted  in  a  great  many  cases  as  administrative 
districts  for  a  variety  of  purposes.  The  process  of  tax 
collection  illustrates  the  point.  Instead  of  permitting 
state  authorities  to  collect  taxes  through  administrative 
districts  it  has  been  the  custom  to  leave  this  function 
entirely  to  the  county  and  township  officers.  And  to  this 
extent  the  county  and  the  township  are  mere  administra- 
tive districts  for  the  purpose  of  collecting  taxes  for  the 
state.  As  the  functions  of  the  state  increase  the  county 
and  township  prove  to  be  very  convenient  areas  through 
which  central  authorities  may  function.  Thus  the  county 
particularly  tends  to  assume  the  character  of  a  pure  ad- 
ministrative district  for  the  purpose  of  carrying  out  a  state 
programme. 

Compromising  with  Self-Government. — It  is  easily  pos- 
sible to  compromise  with  the  demand  for  self-government 
to  the  extent,  at  least,  of  permitting  the  administrative 
officers  to  be  locally  elected.  Indeed  this  has  always  been 
the  case  so  far  as  the  county  sheriff  and  the  prosecutor  are 
concerned.  They  function  for  the  state  and  enforce  state 
law,  while  their  area  of  operation  is  almost  invariably  the 
county,  wherein  they  are  popularly  elected.  The  situation 
does  not  make  for  efficient  and  uniform  administration. 
Fuithermore,  the  status  of  many  county  and  township 
officers  is  rather  difficult  to  define  because  they  perform 
some  functions  purely  as  administrative  agents  of  the 
state  and  other  functions  purely  as  instruments  in  the 
machinery  of  local  self-government. 

Minor  political  areas  have  now  been  defined  and  classi- 
fied, and  attention  has  been  called  to  the  fact  that  each 
type  of  area  has  some  distinguishing  characteristic.  And 
although  the  various  districts  are  often  coterminous,  the 
area  embraced  being  identical,  it  might  well  be  that  these 
districts  could  exist  independently  of  each  other.     The 


20  COUNTY  AND  TOWNSHIP  GOVERNMENT 

distinguishing  feature  of  the  county  and  the  township  is 
that  they  are  truly  areas  of  local  self-government  and  with 
this  in  mind  it  is  now  appropriate  to  turn  to  the  considera- 
tion of  the  historical  origins  of  county  and  township  gov- 
ernment. 


CHAPTER  II 

THE  ORIGIN  OF  LOCAL  SELF-GOVERNMENT 
IN  AMERICA 

Conditions  Favorable  for  Self-Government.— The 
county  and  the  township  have  been  characterized  as  areas 
for  local  self-government.  But  self-government  cannot 
obtain  unless  certain  very  important  factors  have  con- 
tributed to  make  the  situation  right  for  it.  Other  areas  of 
government,  the  administrative  district  for  instance,  may 
be  entirely  artificial,  they  may  be  created  arbitrarily  to  suit 
the  plans  of  state  central  authorities.  It  makes  but  Kttle 
difference  whether  or  not  the  inhabitants  of  one  of  these 
artificial  areas  are  conscious  of  any  real  bond  of  unity. 
They  are  entirely  passive  subjects  in  the  governmental 
process  carried  on  within  the  area.  But  if  real  self-govern- 
ment is  to  be  attempted  the  inhabitants  must  necessarily 
cooperate  and  work  together  on  their  governmental  prob- 
lems. This  cannot  be  done  successfully  unless  there  is  a 
consciousness  of  unity  amongst  the  people. 

It  can  hardly  be  imagined  that  a  group  of  people  would 
desire  local  self-government  unless  they  were  keenly  aware 
of  very  definite  political  interests  in  common.  If  a  group 
of  people  do  have  definite  political  interests  in  common  and 
are  aware  of  governmental  problems  all  their  own,  and 
do  desire  to  work  out  these  problems  themselves  through 
political  machinery  which  they  themselves  can  control 
directly,  then  an  area  of  local  self-government  may  be 
created  and  will  function  in  a  satisfactory  manner.  But 
if  the  group  is  not  conscious  of  any  common  political  in- 


22  COUNTY  AND  TOWNSHIP  GOVERNMENT 

terests, — if  the  people  are  not  keenly  aware  of  any  political 
problems  all  their  own,  then  they  are  not  likely  to  have 
any  real  desire  for  local  self-government,  or  at  least  it  is  a 
mere  simulated  desire,  and  the  area  of  local  self-government 
begins  to  degenerate.  The  machinery  that  was  designed 
for  self-government  does  not  function,  it  proves  to  be 
ill-adapted  to  other  methods  of  government,  and  local 
self-government  proves  to  be  a  failure. 

This  is  just  what  has  been  happening  to  the  county  and 
township  for  the  past  many  years.  They  are  organized 
and  designed  as  areas  for  local  self-government,  and  the 
desire  for  self-government,  presumably  growing  out  of  a 
consciousness  of  political  unity,  is  supposed  to  exist.  But 
in  truth  this  desire  is  rapidly  disappearing,  and  in  many 
of  the  western  states  never  existed. 

Factors  that  Develop  a  Sense  of  Unity. — But  when  the 
county  and  township  struck  roots  on  American  soil  and 
first  appeared  as  areas  of  local  self-government  there  was 
a  very  real  and  flaming  consciousness  of  unity,  political 
and  social.  This  sense  of  unity  gave  birth  to  a  keen  desire 
for  self-government  which  was  jealously  defended  as  a 
precious  right.  There  are  a  great  many  factors  that  may 
combine  to  stimulate  a  sense  of  unity  even  before  political 
institutions  are  thought  of.  They  may  be  geographic, 
economic,  religious,  racial,  cultural,  or  social.  In  fact 
there  can  be  no  hope  of  political  unity  and  healthy  self- 
government  until  some  of  these  factors  do  appear.  For  in- 
stance, geographical  configuration  may  be  such  as  to 
throw  a  group  of  people  together  in  a  certain  locality.  It 
may  be  across  a  mountain,  isolated  from  other  habitation. 
It  may  be  on  the  shore  of  some  body  of  water  at  a  vantage 
point  for  navigation  purposes. 

Other  factors  may  be  economic.  A  group  may  weU  find 
it  desirable  to  cooperate  and  pool  their  interests  in  their 


ORIGIN  OF  LOCAL  SELF-GOVERNMENT  23 

economic  relationships.  They  may  all  be  producing  the 
same  commodity  and  seeking  the  most  advantageous 
foreign  market  for  their  produce — a  market  which  can 
be  exploited  to  the  best  advantage  only  when  they  work 
together.  Or  there  may  be  a  diversity  of  occupation 
among  the  members  of  the  group  and  they  find  themselves 
interdependent.  Such  a  situation  cannot  but  serve  to 
develop  a  sense  of  unity.  Many  variations  of  this  economic 
factor  will  suggest  themselves. 

The  religious  factor  is  just  as  readily  appreciated.  Com- 
mon religious  beliefs  inevitably  serve  as  a  very  strong  bond 
amongst  men,  and  when  these  beliefs  must  be  defended 
against  unsympathetic  or  actively  hostile  outsiders  the 
bond  is  doubly  strong.  The  racial  bond  is  obvious  enough 
and  the  cultural  and  social  bond  needs  no  discussion.  But 
add  to  these  the  thousand  and  one  minor  influences  that 
serve  to  bring  men  together — the  fear  of  enemies,  the  fear 
of  cold  and  starvation,  the  desire  for  Hberty,  the  multitude 
of  hopes  and  ambitions  that  can  find  fulfillment  through 
cooperation — and  there  is  a  combination  of  factors  that 
makes  for  real  unity. 

It  is  well  known  that  these  factors  existed  in  colonial 
America,  and  when  coupled  with  the  Anglo-Saxon  tempera- 
ment and  traditions  gave  rise  to  a  very  strong  demand  for 
local  self-government.  Small  groups  of  men  with  their 
families  found  themselves  isolated  and  far  removed  from 
external  authority,  and  the  situation  was  favorable  in 
every  respect  for  the  establishment  of  political  units  for 
local  self-government.  Men  were  bound  together  by  com- 
plex forces,  and  they  sought  to  satisfy  their  own  political 
needs  and  desires  through  governmental  agencies  of  their 
owTi  creation.  They  wished  to  do  things  for  themselves 
through  political  machinery. 

Such  a  situation  cannot  be  brought  about  by  artificial 


24  COUNTY  AND  TOWNSHIP  GOVERNMENT 

means.  If  the  bonds  that  make  for  unity  do  not  exist,  the 
desire  for  local  self-government  will  not  appear,  and  any 
attempt  to  set  up  machinery  for  self-government  will 
meet  with  relative  failure.  Other  areas  of  government, 
that  are  purely  artificial  in  their  nature,  may  be  marked 
out  arbitrarily;  but  an  area  for  the  realization  of  local 
self-government  cannot  be  created  with  any  expectation 
of  success  if  the  conditions  that  make  for  unity  do  not  exist. 
Sometimes  the  sense  of  unity  is  latent  and  must  be  stimu- 
lated by  artificial  means,  as  when  townships  are  marked 
out  as  formal  squares  upon  a  map  and  certain  functions 
are  left  for  the  residents  within  each  township  to  perform. 
But  in  modern  times  with  each  succeeding  decade  it  be- 
comes more  difficult  to  stimulate  the  sense  of  unity  and 
the  desire  for  local  self-government,  simply  because  the 
factors  described  above  no  longer  operate  with  the  same 
force  to  bind  men  in  small  groups. 

Origin  of  Counties  and  Townships.— In  the  early  part 
of  the  seventeenth  century,  soon  after  the  first  settlements 
were  established  on  the  American  continent,  townships 
and  counties  were  organized  as  areas  of  local  self-govern- 
ment. In  some  places  the  township  was  the  first  to  appear, 
in  other  places  it  was  the  county,  and  yet  again  both  may 
have  been  established  at  about  the  same  time. 

In  New  England,  however,  it  was  the  town  that  appeared 
first,  and  the  circumstances  surrounding  its  appearance 
were  so  significant  as  to  deserve  considerable  attention. 
The  institutions  and  methods  of  government  established 
there  have  persisted  throughout  the  years,  even  down  to 
the  present  day. 

Areas  for  local  government  were  set  up  and  functioned 
wholly  on  sufferance  of  the  colonial  authorities.  Thus  the 
colony  of  Massachusetts  Bay  bore  much  the  same  relation 
to  minor  areas  of  government  established  within  its  juris- 


ORIGIN  OF  LOCAL  SELF-GOVERNMENT  25 

diction  that  state  governments  bear  to-day  toward  modem 
townships  and  counties.  The  seat  of  the  colonial  govern- 
ment was  usually  to  be  found  on  the  seaboard  and  was 
likely  to  be  the  most  populous  urban  community  within 
the  colonial  jurisdiction.  Groups  of  dissatisfied  or  venture- 
some spirits  might  sally  forth  from  the  seat  of  government, 
or  might  indeed  land  from  the  sea  many  miles  from  any 
habitation  but  well  within  the  colonial  jurisdiction.  Such 
a  group  would  find  it  necessary  to  establish  institutions  of 
government  immediately  after  they  had  decided  to  settle 
upon  a  certain  spot  and  thus  a  ''town"  would  literally  be 
bom. 

Distinction  Between  Town  and  Township. — It  should 
be  said  that  the  words  "town"  and  "township"  have 
been  used  interchangeably,  and  still  are  so  used,  often- 
times in  error.  The  word  "town"  usually  suggests  a 
semi-urban  district,  a  compact  area  rather  thickly  popu- 
lated, though  it  may  be  very  small.  It  is  like  a  small  city, 
from  which  it  differs  chiefly  in  size,  variety  of  function, 
and  extent  of  power.  But  these  early  "towns"  embraced 
both  urban  and  rural  communities  within  their  jurisdiction, 
the  thickly  populated  center  and  the  rural  area  surrounding 
it.  When  a  group  of  settlers  created  a  "town"  a  con- 
siderable area  would  be  marked  out  as  coming  within 
their  jurisdiction.  Most  of  them  might  actually  build 
their  homes  within  a  very  small  radius,  which  area,  of 
course,  would  be  relatively  densely  populated.  Yet  the 
rural  area  surrounding  it  would  be  within  the  same  political 
jurisdiction.  The  same  officers  and  the  same  institutions 
of  government  would  function  for  both.  There  would  be 
just  one  government  embracing  the  thickly  populated 
center  and  the  surrounding  rural  area  as  well.  It  was  as 
if  the  government  of  one  of  our  modem  cities  were  to  have 
control  (jver  the  township  within  which  it  might  be  located, 


26  COUNTY  AND  TOWNSHIP  GOVERNMENT 

and  the  same  identical  government  were  to  function  for 
the  entire  area,  there  being  no  township  government  dis- 
tinct from  the  city  government. 

The  New  England  Town.— This  is  the  type  of  district 
which  was  known  as,  and  still  is  known  as,  the  "town" 
in  New  England.  Outside  of  New  England  it  has  been 
the  practice  to  separate  the  densely  populated  district 
from  the  rural  area,  provide  it  with  governmental  machinery 
of  its  own,  and  call  it  a  "town,"  "village"  or  "borough," 
it  being  like  a  small-sized  city.  The  purely  rural  area  that 
remains,  if  it  be  organized  at  all  into  areas  of  local  self- 
government  smaller  than  the  county,  is  organized  into 
what  are  known  as  "townships,"  with  meager  govern- 
mental machinery  quite  distinct  from  that  of  the  "town." 

Thus  the  New  England  town  is  quite  different  from 
the  town  outside  of  New  England ;  and  it  is  also  very  differ- 
ent from  the  township.  The  town  outside  New  England 
is  like  a  small  city.  The  township  is  a  purely  rural  area 
that  does  not  ordinarily  include  in  its  governmental 
jurisdiction  the  towns  within  its  boundaries;  while  the 
New  England  town  is  much  like  a  combination  of  the 
two. 

The  groups  of  settlers  who  established  these  New  England 
towns  marked  out  areas  for  themselves  subject  only  to 
the  colonial  authority.  A  specific  area  might  be  assigned 
to  them,  or  they  might  be  quite  at  liberty  to  stake  out 
their  own  claim  as  it  were,  or  again  they  might  simply 
appropriate  a  certain  area  of  land  and  at  some  later  date 
get  the  sanction  of  the  colonial  authorities.  At  any  rate 
the  colonial  government  owned  the  land  and  the  towns 
secured  title  to  their  bits  from  the  colonial  government. 

Political  Power. — As  to  the  political  powers  which  the 
towns  enjoyed,  theory  is  somewhat  in  conflict  with  fact. 
In  theory,  whatever  sort  of  town  government  might  be 


ORIGIN  OF  LOCAL  SELF-GOVERNMENT  27 

set  up,  it  would  enjoy  only  delegated  and  enumerated 
powers.  It  could  legally  exercise  only  such  powers  as 
might  be  specifically  bestowed  upon  it  by  the  colonial 
government.  The  towns  did  not  have  inherent  and  residual 
powers,  any  more  than  minor  areas  of  government  of  the 
present  day  enjoy  inherent  and  residual  powers.  The 
city  or  the  county  of  to-day  enjoys  exactly  that  measure 
of  power  bestowed  upon  it  by  the  state.  Just  so,  in  theory, 
these  early  towns  enjoyed  powers  delegated  to  them  by  the 
colonial  governments. 

But  legal  forms  and  theories  played  a  very  small  part 
in  the  practical  affairs  of  men  in  those  early  days,  and  to 
justify  our  theory  we  must  fall  back  upon  the  proposition 
that  "what  the  king  permits  he  commands."  Wlienever 
the  exercise  of  certain  powers  by  the  town  was  tolerated 
by  the  colonial  government  it  must  be  assumed  that  by 
implication  the  colonial  government  had  delegated  those 
powers  to  the  towTi.  That  the  towns  often  exceeded 
the  powers  which  colonial  authorities  thought  they  ought 
to  exercise  cannot  be  doubted.  Not  infrequently  are  to 
be  found  illuminating  statements  in  the  colonial  records 
showing  that  the  central  authorities  were  inclined  to 
curb  the  towns  in  their  exercise  of  power,  thus  indicating 
clearly  that  the  colonial  authorities  knew  that  they  had 
the  right  to  curb  the  powers  of  the  towns. 

As  a  matter  of  fact  the  towns  did  exercise  practically 
all  the  powers  they  chose  to  exercise.  Remote  isolation 
from  the  central  colonial  government  had  much  to  do  with 
this.  Town  authorities  simply  did  whatever  seemed 
necessary  or  desirable  in  their  eyes  without  much  regard 
to  legal  theories.  Thus  we  find  the  town  government  exer- 
cising the  most  minute  and  paternalistic  disciplinary 
powers  over  the  inhabitants  of  their  jurisdiction  without 
much  question  being  raised  as  to  tlieir  power  to  do  so. 


28  COUNTY  AND  TOWNSHIP  GOVERNMENT 

Important  civil  and  criminal  cases  of  course  found  their 
way  to  the  higher  colonial  courts,  but  in  the  everyday 
affairs  of  life  the  town  government  exercised  an  amazingly 
comprehensive  power.  And  the  colonial  governments  were 
for  the  most  part  indifferent  to  this  assumption  of  power. 
So  long  as  the  towns  sent  in  their  quotas  of  the  tax  levy 
and  furnished  armed  men  and  supplies  when  these  were 
needed  they  seldom  were  molested  by  central  authorities. 

The  Town  Meeting. — The  town  meeting  was  the  pri- 
mary institution  of  government  through  which  these  powers 
were  exercised.  It  was  nothing  more  nor  less  than  a  mass 
meeting  of  all  the  adult  men  in  the  town.  It  would  be 
very  hard  to  find  an  institution  of  government  more  truly 
democratic  than  this.  The  town  meeting  was  competent 
to  exercise  any  and  every  power  and  function  which  may 
have  been  bestowed  upon  or  permitted  to  the  town,  and 
every  man's  voice  could  be  heard  in  the  town  meeting. 
The  meeting  was  not  in  any  sense  a  representative  as- 
sembly, as  are  ordinary  legislatures,  conventions,  modern 
township  boards  of  trustees,  and  county  boards  of  super- 
\isors.  The  nearest  counterpart  to  the  town  meeting 
that  can  be  found  in  the  modern  political  structure  is 
perhaps  the  precinct  party  caucus — which  also  is  in  no 
sense  representative  but  rather  is  composed  of  all  the 
party  voters  in  the  district.  The  town  meeting  was  thus 
a  primary  assembly  in  that  it  embraced  all  men,  without 
distinction. 

It  has  been  stated  that  the  town  meeting  enjoyed  all 
powers  of  which  the  town  might  be  possessed,  and  it  follows 
that  all  town  ofl&cers  had  need  to  look  to  the  town  meeting 
for  authority  and  guidance.  The  meeting  was  all  powerful 
and  its  activities  are  particularly  significant.  Meetings 
were  held  at  least  once  a  year,  the  date  having  been  fixed 
by  the  previous  meeting.    But  in  the  smaller  towns  meetings 


ORIGIN  OF  LOCAL  SELF-GOVERNMENT  29 

were  often  held  more  frequently  than  this.  Sometimes  they 
were  held  four  times  a  year,  regularly  at  stated  intervals, 
and  there  was  always  a  way  left  open  for  the  calling  of  a 
special  meeting  if  some  emergency  might  require  it.  This 
could  usually  be  done  through  the  selectmen.  But  town 
meetings  seem  to  have  become  rather  burdensome  as  the 
towns  grew  larger;  and  so  meetings  once  a  year  were  con- 
sidered quite  enough  for  the  most  part,  and  pure  democ- 
racy was  thus  sacrificed  in  favor  of  more  efficient  and 
mobile  boards  of  selectmen. 

The  to^^^l  meeting,  having  been  properly  announced 
by  the  constable  and  his  assistants  who  went  Hterally  to 
every  home  to  give  the  "lawful  warning,"  would  assemble 
on  the  appointed  day  at  a  place  most  convenient  for  the 
purpose.  If  the  weather  permitted  it  was  always  desirable 
to  hold  the  meetings  in  the  open.  No  one  then  could  feel 
himself  excluded,  but  town  halls  were  usually  at  hand  if 
it  became  necessary  to  go  indoors. 

The  day  of  the  meeting  had  something  of  the  aspect  of 
a  general  holiday.  Ordinary  business  activities  were  sus- 
pended, farmers  left  their  fields,  and  all  men  with  their 
families  turned  out  as  to  a  festive  occasion — barbecues, 
dancing,  and  games  being  second  only  to  the  serious  business 
of  the  meeting. 

But  even  though  these  town  meetings  were  frequently 
characterized  by  an  atmosphere  of  gayety  and  picturesque 
features  the  real  business  in  hand  was  serious  enough. 
Morning,  afternoon,  and  evening  sessions  might  be  neces- 
sary. The  first  session  would  be  called  to  order  by  the 
town  clerk  and  immediately  a  presiding  officer  would  be 
chosen.  This  dignitary  was  called  a  "moderator"  and 
he  had  no  other  function  than  that  of  being  the  presiding 
officer  at  the  meeting.  He  was  in  no  sense  a  chief  executive 
officer  for  the  town,  nor  even  a  chairman  of  a  permanent 


30  COUNTY  AND  TOWNSHIP  GOVERNMENT 

board.  Selected  merely  for  the  occasion  his  office  ter- 
minated with  the  final  adjournment  of  the  meeting. 

On  the  other  hand,  the  town  clerk  functioned  as  secretary 
for  the  meeting,  and  the  constables  with  their  deputies 
served  as  sergeants-at-arms.  With  this  simple  and  meager 
organization  the  meeting  was  prepared  to  transact  its 
business. 

There  can  be  no  doubt  that  active  and  influential  towns- 
men prepared,  in  an  informal  way,  much  of  the  business 
that  was  to  come  before  the  meeting.  The  selectmen  of 
course  had  their  programme  to  present.  They  presented 
lists  of  expenditures  to  be  authorized,  they  sought  au- 
thority to  do  certain  things  which  they  did  not  feel  at 
hberty  to  do  without  special  sanction  of  the  meeting,  and 
there  would  be  scores  of  little  matters  on  which  they  would 
want  an  expression  of  opinion  from  the  meeting.  But  any 
townsman  was  free  to  bring  a  matter  before  the  meeting, 
and  those  who  were  thoroughly  prepared  and  experienced 
were  likely  to  control  its  actions.  Debate  was  in  order 
throughout  the  session,  and  the  rules  of  procedure  were 
simplicity  itself. 

Functions  of  the  Town  Meeting. — Probably  the  most 
important  function  of  the  meeting  was  the  business  of 
determining  who  might  be  permitted  to  live  in  the  town 
and  what  property  rights  were  to  be  enjoyed  by  the  in- 
habitants. These  towns  were  exceedingly  jealous,  and 
suspicious  of  strangers.  Whether  or  not  they  had  the 
legal  right  to  do  so  they  did  not  hesitate  to  exclude  from 
their  jurisdiction  people  whom  they  did  not  want,  and 
they  sometimes  expelled  inhabitants  for  one  reason  or 
another — often  because  of  unorthodox  religious  behefs. 

I.  Concerning  Inhabitants. — This  power  to  determine 
who  might  Hve  within  the  borders  of  the  town  was  of 
great  importance  and  does  not  seem  to  have  been  chal- 


ORIGIN  OF  LOCAL  SELF-GOVERNMENT  31 

lenged  in  the  earliest  days.  One  might  expect  that  the 
exercise  of  such  arbitrary  power  as  this  might,  in  later 
days  at  least,  have  precipitated  som^  legal  controversy. 
But  in  the  early  day  when  these  towns  were  isolated  the 
practice  was  not  seriously  challenged,  and  as  time  went 
on  economic  and  social  forces  came  into  play  which  in- 
duced the  towns  of  their  owti  accord  to  let  down  the  barriers 
which  at  first  they  had  erected;  so  the  problem  took  care 
of  itself.  But  for  many  years  in  old  New  England  a  man 
with  unorthodox  religious  views,  or  a  man  without  a 
trade,  or  one  who  had  a  bad  reputation,  or  even  a  foreign 
accent  or  a  strange  look  about  him,  might  find  the  towns 
as  effectively  closed  as  were  the  walled  citadels  of  mediaeval 
Europe.  With  a  blunt  assumption  of  superiority  that 
somehow  does  not  seem  to  fit  in  with  their  boasted  demo- 
cratic spirit  these  townsmen  would  refuse  to  admit  strangers ; 
or  they  might  let  them  stay  for  a  time  on  probation,  assign 
them  a  social  and  legal  status  in  the  community  consider- 
ably below  that  of  themselves  and  possibly  indicate  a 
time  limit  after  which  the  stranger  would  be  expected  to 
depart. 

The  selectmen  examined  into  the  details  of  each  case 
and  had  the  final  determination  in  the  matter  unless  the 
town  meeting  chose  to  overrule  them.  A  few  extracts 
from  their  proceedings  will  illustrate  the  custom.* 

"This  day  Clement  Maxfield  appeared,  and  desired  that 
his  brother  John,  being  arrived  lately  from  England,  might 
continue  in  the  town  with  him;  and  that  he  would  secure 
the  town  against  any  damage  during  his  residence — which 
was  granted — that  the  said  Clement  Maxfield  might 
entertain  his  brother,  until  such  time  as  he  shall  settle 
himself,  here  or  elsewhere." 

*  George  E.  Howard,  Local  ConslHulional  History  of  the  United  Slates 
p.  87. 


32  COUNTY  AND  TOWNSHIP  GOVERNMENT 

"Richard  Way  is  admitted  into  the  town,  provided  that 
Aaron  Way  do  become  bound  in  the  sum  of  twenty  pounds 
sterHng,  to  free  the  town  from  any  charge  that  may  accrew 
to  the  towTi  by  the  said  Richard  or  his  family." 

And  to  make  sure  that  no  strangers  found  refuge  without 
knowledge  of  the  town  officers,  "It  is  ordered  that  no  in- 
habitant shall  entertain  man  or  woman  from  any  other 
towne  or  countrye  as  a  sojourner  or  inmate  with  an  intent 
to  reside  here,  butt  shall  give  notice  thereof  to  the  Select- 
men of  the  Towne  for  their  approbation  within  8  days 
after  their  cominge  to  the  town  upon  penalty  of  twenty 
shillings." 

It  can  well  be  imagined  that  if  the  towns  were  as  strict 
as  this  concerning  the  relatives  of  well-established  towns- 
men, it  must  have  been  difficult  indeed  for  an  utter  stranger 
to  gain  admission. 

2.  Properly  Rights. — Not  only  did  the  town  meeting 
assume  competence  to  determine  who  might  live  within 
its  jurisdiction,  but  it  also  was  the  final  arbiter  in  deter- 
mining property  rights.  In  earliest  times  the  land  belonged 
to  the  town — not  to  individuals.  This  was  a  perfectly 
natural  situation.  The  central  colonial  government  would 
grant  a  certain  portion  of  land  to  a  town,  or  it  may  have 
happened  that  the  town  would  be  established  even  before 
the  central  colonial  government — in  which  case  recognition 
of  title  on  the  part  of  the  town  would  come  sooner  or  later — 
either  tacitly  or  formally.  But  be  that  as  it  may,  the 
individual  townsmen  looked  to  the  town  for  title  to  private 
property. 

In  some  cases  the  towns  chose  to  retain  considerable 
portions  of  their  land  in  common,  not  parcelling  it  out  to 
private  individuals.  There  might  be  a  common  pasture 
land,  a  common  woodland,  a  common  meadow  or  waste 
land,  and  other  portions  set  apart  for  cultivation.     These 


ORIGIN  OF  LOCAL  SELF-GOVERNMENT  33 

common  lands  were  to  be  used  by  all  the  inhabitants 
strictly  in  accordance  with  regulations  laid  down  in  town 
meeting,  each  man's  rights  being  carefully  defined.  But 
the  desire  to  possess  private  property  was  strong  in  these 
men  of  Anglo-Saxon  temperament  and  heritage  and  not 
many  years  passed  before  most  of  the  land  was  portioned 
out  to  private  owners.  Not  every  man,  however,  was 
permitted  to  own  land,  and  for  many  years  no  one  was 
permitted  to  sell  indiscriminately.  When  in  later  years 
the  superior  power  of  the  central  government  came  to  be 
established  everywhere  the  towns  were  not  permitted  to 
exercise  such  prerogatives  in  reference  to  private  property; 
but  in  the  early  days  their  jurisdiction  was  undisputed. 
And  it  was  the  town  meeting  which  had  ultimate  authority 
in  such  matters. 

J.  Taxes. — The  town  meeting  had  full  control  over  the 
machinery  of  taxation.  In  addition  to  providing  funds 
for  local  purposes  each  town  was  expected  to  contribute 
money  to  the  central  colonial  government.  Demands  upon 
the  towns  coming  from  that  source  were  in  the  form  of  a 
request  for  a  lump  sum.  In  later  days  this  method  gave 
way  of  course  to  the  practice  of  fixing  a  certain  rate,  which 
was  to  apply  upon  all  the  property  owned  in  the  town. 
But  in  earliest  times  the  demand  came  in  the  form  of  a 
request  for  a  certain  sum  and  it  was  the  town  meeting  which 
provided  a  means  of  raising  this  amount  in  an  equitable 
manner. 

A  much  more  complicated  problem  was  that  of  providing 
for  local  needs.  The  meeting  did  not  follow  the  simple 
expedient  of  adopting  a  budget  and  then  fixing  a  tax  rate 
that  would  be  just  high  enough  to  produce  the  necessary 
revenue,  but  instead  fixed  many  rates  for  diverse  purposes. 
Thus  a  special  rate  would  be  fixed  to  provide  the  minister's 
salary,  another  rate  to  provide  money  for  a  new  town  liall, 


34  COUNTY  AND  TOWNSHIP   GOVERNMENT 

and  still  another  to  provide  for  building  a  new  bridge. 
The  application  of  these  rates  must  have  resulted  in  con- 
siderable confusion;  but  the  idea  seems  to  have  been  to 
deal  with  each  individual  undertaking  separately,  to  pass 
upon  its  merits  and  then  to  provide  the  funds.  The  same 
idea  is  followed  to-day  in  the  matter  of  special  assessments 
and  the  allowing  of  special  rates  for  parks,  new  school 
buildings  and  like  undertakings. 

Rates  also  had  to  be  applied  in  order  to  provide  for 
ordinary  running  expenses.  These  expenses  were  all 
authorized  by  the  town  meeting.  Often  the  smallest  details 
were  the  subject  of  deliberation.  Sums  of  only  a  few  shil- 
lings were  allowed  to  different  individuals  who  may  have 
performed  certain  services  for  the  town,  such  as  the  re- 
pairing of  a  fence  or  work  upon  the  meetinghouse.  In 
the  meeting  the  salaries  of  all  town  ofifiicials  were  deter- 
mined and  allowed.  This  was  no  simple  matter,  for  there 
was  a  very  large  number  of  petty  officials  even  if  their 
salaries  were  inconsiderable. 

In  a  word,  the  town  meeting  had  complete  and  absolute 
jurisdiction  over  the  financial  affairs  of  the  town,  which 
involved  particularly  the  raising  of  the  sum  demanded  by 
the  central  authorities,  the  passing  of  rates  for  special  pur- 
poses, and  the  preparation  and  authorization  of  what 
would  to-day  be  called  the  town  budget.  This  is  significant 
especially  in  view  of  the  fact  that  townships  still  retain  a 
vestige  of  the  same  function.  The  modem  township  is  as 
much  a  unit  for  the  collection  of  state  taxes  as  was  the 
town  of  early  days.  The  township  budget  must  still  be 
prepared  and  authorized,  small  as  it  may  be.  But  the 
gradual  decline  of  the  township  has  proceeded  to  such  a 
point  that  to-day  it  is  not  often  that  the  township  has  much 
to  say  in  the  matter  of  authorizing  special  undertakings 
of  any  great  importance. 


ORIGIN  OF  LOCAL  SELF-GOVERNMENT  35 

4.  Representatives. — Another  function  of  the  town  meet- 
ing was  to  select  a  representative,  one  or  more,  to  sit 
in  the  colonial  assembly.  For  many  years,  as  has  been 
said  before,  the  towns  were  the  units  of  representation. 
In  the  early  days,  when  towns  were  widely  separated,  it 
would  have  been  quite  unwise  to  have  attempted  to  divide 
up  the  entire  area  of  the  colony  into  districts  of  approxi- 
mately equal  population,  as  is  done  to-day  in  marking  out 
congressional  districts.  The  generally  accepted  theory  of 
representation  to-day  is  that  people  should  be  equally 
represented,  not  that  towns,  or  states,  or  cities,  as  such, 
should  be  represented.  Thus  has  grown  up  the  practice 
of  dividing  areas  into  districts  of  nearly  equal  population 
for  purposes  of  representation.  But  this  was  not  feasible 
in  early  times,  and  the  towns  as  such  demanded  repre- 
sentation. 

As  some  towns  grew  to  be  much  larger  than  others  the 
practice  of  allowing  each  town  the  same  number  of  repre- 
sentatives regardless  of  size,  was  seen  to  be  manifestly 
unfair,  and  so  the  larger  towns  were  allowed  extra  repre- 
sentation. But  the  town,  as  a  town,  continued  to  be  the 
unit  of  representation.  The  idea  was  no  different  from 
that  which  prevailed  in  England  where  boroughs  enjoyed 
representation  in  Parliament  regardless  of  their  population. 
These  boroughs  each  established  a  right  to  a  representative 
in  very  early  times,  and  it  proved  to  be  a  difficult  problem 
to  deprive  them  of  such  representation  in  later  years  even 
though  the  population  may  have  fallen  to  a  very  low 
figure.  Some  of  the  worst  cases  were  known  as  ''rotten 
boroughs,"  boroughs  which  continued  to  enjoy  repre- 
sentation in  Parliament  but  had  only  a  few  hundred  in- 
habitants. 

This  older  theory,  that  political  units  should  enjoy 
representation   rather  than   people,   has   many   survivals 


36  COUNTY  AND  TOWNSHIP  GOVERNMENT 

in  the  United  States  to-day.  The  New  England  town  is 
the  earliest  case  and  still  persists  to  the  present  day  in 
certain  of  the  New  England  states  where  representatives 
are  sent  from  the  towns  to  the  state  assembly.  The  United 
States  Senate  provides  another  illustration,  since  two  sena- 
tors are  sent  from  each  state  regardless  of  population.  But 
one  of  the  most  interesting  survivals,  because  it  is  least 
apparent,  is  the  practice  of  accepting  counties  as  units  of 
representation  for  the  state  assemblies  instead  of  arbi- 
trarily dividing  the  state  into  areas  of  approximately  equal 
population.  Where  glaring  inequaUties  of  population 
appear,  the  county  having  an  exceptionally  large  population 
is  given  two  or  more  representatives  in  the  assembly. 

An  explanation  of  this  survival  is  simple  enough.  Most 
states  have  been  divided  into  a  number  of  counties  aver- 
aging between  ninety  and  one  hundred  fifty.  One  represent- 
ative from  each  of  these  makes  an  assembly  of  convenient 
size.  The  county  Hnes  being  well  established,  it  was  an 
easy  thing  to  accept  counties  as  units  of  representation. 

To  be  sure  representatives  from  political  units  as  such 
are  much  more  likely  to  be  provincial  in  their  attitude 
toward  public  problems  than  representatives  from  arbi- 
trarily defined  districts.  This  was  certainly  true  of  the 
representatives  sent  from  the  towns  to  colonial  assemblies, 
for  not  infrequently  the  representative  would  assume  the 
role  of  champion  for  the  town  from  which  he  had  come 
and  concern  himseK  with  but  little  else  than  getting  taxes 
reduced  and  privileges  extended. 

They  were  chosen  in  open  town  meeting,  and  this  practice 
continued  as  long  as  the  meetings  were  held.  Thereafter 
representatives  were  chosen  by  popular  election  like  other 
town  officers. 

5.  Local  Machinery  and  Institutions. — It  was  further 
necessary  for  the  town  meeting  to  provide  all  the  machinery 


ORIGIN  OF  LOCAL  SELF-GOVERNMENT  37 

and  institutions  necessary  to  carry  on  local  undertakings. 
The  problem  of  poor  relief  early  had  to  be  met.  Schools 
and  churches  were  among  the  very  first  institutions  to  be 
established.  Often  the  meeting  would  concern  itself  with 
the  details  of  managing  these  institutions,  but  very  soon 
this  came  to  be  left  to  boards  of  selectmen  or  special 
trustees.  Jails  had  to  be  provided,  bridges  had  to  be  built, 
and  roads  had  to  be  cut  through  woods  and  rough  places. 
All  these  matters  were  the  concern  of  the  town  meeting. 
To  be  sure  problems  of  management  soon  became  too  com- 
plex to  be  met  in  full  meeting,  but  even  so  the  full  meeting 
did  consider  and  adopt  long  resolutions  intended  to  guide 
in  the  smallest  particular  those  who  had  the  matter  in  direct 
charge. 

6.  Petty  Ordinances. — Acts  of  the  colonial  assembly 
could  not  possibly  contain  rules  and  regulations  concern- 
ing social  relations  and  for  the  guidance  of  personal  con- 
duct sufficiently  minute  to  satisfy  the  townsmen.  Local 
ordinances  were  required,  not  simply  to  provide  for  public 
health  and  safety  but  to  put  inhabitants  into  a  moral 
strait-jacket,  as  it  were.  Such  rules  and  regulations, 
or  ordinances,  were  considered  and  passed  in  town  meeting. 
They  had  to  do  with  the  obligation  of  inhabitants  to  attend 
church,  and  penalties  were  stipulated  for  absence.  Rules 
were  enacted  requiring  people  to  send  their  children  to 
school.  Regulations  concerning  apprenticeship,  concern- 
ing fences  and  the  care  of  stock,  and  concerning  the  right 
to  engage  in  a  business  or  profession  were  enacted.  Curfew 
laws,  for  adults  as  well  as  children,  were  passed.  Ordi- 
nances fixing  the  time  in  the  evening  after  which  all  lights 
must  be  out  in  private  homes  were  passed.  No  detail  of 
personal  conduct  could  be  sure  of  escaping  the  careful 
scrutiny  of  the  town  meeting.  Even  after  boards  of  se- 
lectmen assumed  the  function  of  writing   these  rules  and 

1il4400 


38  COUNTY  AND  TOWNSHIP  GOVERNMENT 

regulations,  it  was  the  town  meeting  that  gave  to  them 
their  sanction. 

7.  Officers. — After  all  other  business  had  been  finished, 
and  just  before  adjournment,  it  remained  for  the  town 
meeting  to  name  all  the  town  officers  for  the  ensuing  year. 
Thus  every  officer  owed  his  position  to  the  town  meeting 
and  could  be  controlled  by  it  in  the  discharge  of  his  duties. 
Offices  could  be  created  and  abolished  at  will  by  the  meet- 
ing, and  incumbents  seldom  enjoyed  a  tenure  of  more  than 
one  year.  The  principal  officers  in  each  town  had  prac- 
tically the  same  titles  and  the  same  functions  as  officers 
in  neighboring  towns,  and  indeed  their  counteiparts  can 
be  found  in  the  modem  township. 

Town  Officers. — First  in  importance  were  members 
of  the  board  of  selectmen.  These  boards  varied  in  size 
from  three  to  a  dozen,  and  their  functions  were  prescribed 
by  the  meetings  which  created  them.  The  selectmen 
were  the  principal  officers  of  the  town  and  enjoyed  great 
prestige.  There  was  no  chief  executive  or  any  other  officer 
that  could  possibly  be  looked  upon  as  closely  resembling 
a  chief  executive.  The  board  of  selectmen  as  a  group  was 
the  highest  authority  in  the  town  next  to  the  meeting  itself. 

Next  in  importance  to  the  selectmen  were  two  other 
officers,  appointed  by  the  town  meeting,  and  found  in 
every  town,  then  and  now.  They  were  the  town  clerk  and 
the  constable.  Both  were  subordinate  to  the  selectmen 
and  performed  their  duties  under  the  direction  of  the 
selectmen.  The  primary  functions  of  these  two  officers 
have  not  changed  in  the  course  of  three  hundred  years. 
Selectmen  might  disappear,  of  other  officers  there  might 
be  none,  but  a  town  to  be  a  town  must  have  its  clerk  and 
constable. 

Officers  next  in  importance  would  be  those  who  had  to 
do  with  the  collection  and  disbursement  of  public  funds. 


ORIGIN  OF  LOCAL  SELF-GOVERNMENT  39 

In  very  small  towns  the  constable  did  this  work,  but 
usually  it  was  desirable  at  least  to  have  a  treasurer.  He 
was  named  by  the  town  meeting.  For  one  reason  or 
another,  the  meeting  might  decide  to  appoint  a  collector 
as  well,  thus  relieving  the  constable  or  treasurer  of  part 
of  these  duties,  and  in  time  of  course  the  to\\Ti  assessor 
appeared  upon  the  scene. 

This  almost  completes  the  list  of  officers  who  may  be 
called  principal,  although  the  surveyor  enjoyed  consider- 
able prestige  as  soon  as  the  keeping  of  land  transfer  records 
came  to  be  looked  upon  as  important.  As  to  still  other 
officers,  they  were  frequently  numerous  but  of  distinctly 
minor  importance,  and  they  disappeared  as  years  went 
on.  There  were  fence  viewers,  cow  keepers,  town  drum- 
mers, hog  reeves  and  a  score  of  others  appointed  as  the 
town  might  see  fit. 

Modern  Significance  of  New  England  Town  Organi- 
zation.— This  survey  of  the  functions  of  that  remarkable  in- 
stitution of  government,  the  town  meeting,  has  been  carried 
to  some  length  because  in  those  meetings  are  to  be  found 
the  very  roots  of  the  modem  institutions  of  local  govern- 
ment. The  New  England  town  meeting  did  not  appear 
generally  outside  of  New  England,  but  the  things  which 
were  done  by  these  town  meetings  are  the  very  things 
which  are  done  by  the  people  of  a  modem  township,  either 
through  the  ballot  box  or  through  the  instrumcntahty  of 
trustees  and  supervisors.  It  was  in  meeting  that  the  towns 
of  New  England  did  these  tilings  Towns  and  townships 
still  do  these  same  homely  things,  even  though  the  meeting 
does  not  exist.  Levying  taxes,  providing  schools,  taking 
care  of  roads,  looking  after  the  poor,  electing  officials,  are 
the  functions  which  towns  and  townships  have  always 
performed.  It  was  in  New  England  that  the  practice 
first  began   on   American   soil.     The   town   meeting  was 


40  COUNTY  AND  TOWNSHIP  GOVERNMENT 

literally  the  town  itself.  To-day  the  township  often  func- 
tions without  a  meeting,  but  the  same  duties  must  still  be 
performed. 

Development  of  Board  of  Selectmen. — But  the  town 
meetings  came  to  be  too  big  to  function  in  all  of  the  matters 
which  they  undertook  to  handle  at  first.  And  while  they 
still  continued  to  be  the  organ  of  government  through 
which  the  people  of  the  towns  exercised  their  ultimate 
control,  they  contented  themselves  simply  with  reviewing 
the  work  of  the  town  ofiicers,  giving  instructions  of  a 
general  nature,  passing  upon  financial  matters  and  the 
selection  of  new  officers  for  the  ensuing  year.  As  this 
tendency  continued,  the  rise  of  the  board  of  selectmen  was 
perfectly  natural.  As  the  meeting  gave  over  the  handling 
of  matters  of  detail  it  was  quite  logical  to  vest  control  in  a 
small  group  which  could  meet  frequently  and  deHberate 
at  their  leisure. 

Ability  to  do  just  this  was  the  prime  virtue  of  the  board 
of  selectmen.  As  years  went  on  they  undertook  to  do  all 
that  the  meeting  itself  ever  did  and  more  besides.  They 
assumed  full  charge  of  the  budget,  proposing  revenue 
measures  and  making  appropriations.  They  passed  upon 
newcomers,  regulated  the  use  of  common  lands,  gave  licenses 
for  conducting  shops,  bound  out  apprentices,  and  assumed 
jurisdiction  over  all  public  institutions  stich  as  the  schools 
and  churches,  and  charitable  institutions  such  as  there 
were.  They  passed  an  amazing  number  of  regulations  and 
rules  concerning  the  public  welfare,  fixed  the  price  of 
beer,  provided  for  the  inspection  of  chimneys  and  fences, 
and  censored  private  morals. 

Petty  officers  who  were  not  chosen  in  town  meeting  were 
appointed  by  the  selectmen.  Perambulators,  ringers  of 
swine,  town-bellmen,  corders  of  wood  and  rebukers  of 
boys  were  among  the  number.     Instructions  had  to  be 


ORIGIN  OF  LOCAL  SELF-GOVERNMENT  41 

given  to  all  the  functionaries  and  their  work  superintended 
in  every  respect. 

Functions  of  Other  Town  Officers.— The  more  impor- 
tant officers  were  not  appointed  by  the  selectmen  but 
were  more  or  less  responsible  to  them.  Thus  the  constable 
served  as  peace  officer  of  the  town  on  his  own  responsibility, 
but  he  was  also  a  functionary  for  the  selectmen,  announcing 
their  proclamations,  enforcing  their  orders  and  in  every 
way  assisting  them  in  the  administration  of  town,  business. 
In  later  years  he  came  to  be  primarily  a  functionary  of 
the  justice  court,  carrying  out  the  orders  of  the  justice  of 
the  peace.  And  whenever  the  selectmen  exercised  petty 
judicial  functions,  as  they  did  at  times,  it  was  the  constable 
who  executed  their  decisions. 

The  town  clerk  kept  a  record  of  the  proceedings  of  the 
town  meeting,  and  also  kept  records  of  the  meetings  of 
the  selectmen.  He  was  supposed  to  keep  a  record  of  all 
births,  deaths,  and  marriages.  An  equally  important  duty 
was  that  of  keeping  records  of  all  land  titles.  Failure  on 
the  part  of  town  clerks  to  do  this  carefully  led  to  a  great 
deal  of  trouble  and  litigation  in  future  years.  The  other 
principal  officers,  the  finance  officers  and  the  surveyor, 
exercised  functions  which  arc  obvious  enough. 

Modern  Township  an  Outgrowth  of  New  England 
Town. — The  origin  of  the  town  having  been  traced,  its 
structure  described,  and  its  character  and  functions  as  a  unit 
of  local  self-government  examined,  it  remains  to  observe  in 
conclusion  that  the  modem  township  has  evolved  directly 
out  of  it  and  that  in  the  modern  township  are  to  be  discov- 
ered the  same  characteristics,  the  same  functions,  and  the 
same  institutions  of  government. 


CHAPTER  ni 
VARIATIONS  FROM  THE  NEW  ENGLAND  TYPE 

Town    Organization    Outside  New    England. — One 

might  be  inclined  to  suspect  that  little  towns,  similar  to  those 
that  have  been  described,  sprang  up  all  along  the  American 
coast  wherever  English  settlers  established  themselves. 
The  town  type  of  organization  seems  so  simple,  so  logical, 
so  democratic,  and  so  altogether  admirable  that  one  may 
well  wonder  why  it  was  not  established  everywhere.  If 
it  had  happened  thus,  then  indeed  the  roots  of  our  local 
government  would  have  been  everywhere  the  same  and 
there  would  not  be,  in  all  probabihty,  that  bewildering 
variety  of  county  and  township  combinations  which  are 
to  be  found  to-day. 

But  if  one  is  to  attach  any  significance  at  all  to  the 
social  and  economic  factors  which  contributed  to  make 
the  New  England  town  just  what  it  was,  it  will  clearly 
be  appreciated  that  as  those  social  and  economic  factors 
change,  and  certain  of  them  disappear,  the  character  of  the 
town  will  change,  and  maybe  even  disappear.  There  can 
be  no  one  single  type  of  government  that  is  altogether  good 
to  the  exclusion  of  all  others,  and  it  were  folly  to  attempt 
to  foist  a  given  type  upon  a  community  if  social  and 
economic  factors  combine  to  make  it  ill-suited. 

Forms  of  government  simply  grow  out  of  a  vast  "com- 
position of  forces," — if  we  may  borrow  a  phrase  from  the 
physical  sciences,  and  use  it  as  a  figure  of  speech.  Some  of 
these  forces  have  already  been  considered  in  more  or  less 
detail,  and  it  is  only  necessary  to  offer  a  reminder  that 

42 


VARIATIONS  FROM  THE  NEW  ENGLAND  TYPE         43 

they  may  be  economic,  geographic,  racial,  cultural,  social, 
rehgious,  and  what  not  ?  All  too  frequently  the  determin- 
ing factor  in  the  vast  composition  of  forces  appears  in  the 
shape  of  arbitrary  external  authority.  The  other  factors 
still  play  their  part,  their  influence  cannot  possibly  be 
stamped  out  utterly  by  the  most  rutliless  external  au- 
thority; but  their  weight  in  the  composition  of  forces  is 
for  the  time  heavily  offset.  But  in  New  England  it  has 
been  seen  the  element  of  external  authority  was  fortunately 
almost  negligible,  and  the  town  form  of  local  government 
quickly  emerged  out  of  a  composition  of  normal  forces. 

The  Situation  South  of  New  England. — Now  these 
normal  forces  had  a  very  different  complexion  as  one  turns 
his  gaze  from  New  England  to  portions  of  the  continent 
further  south.  And  even  though  the  factor  of  external 
authority  w^as  hardly  more  prominent  than  it  had  been 
in  New  England,  the  composition  of  normal  forces  pro- 
duced a  somewhat  different  situation,  and  being  unob- 
structed by  artificial  pressure,  gave  rise  to  slightly  different 
types  of  local  government.  These  differing  types  which 
appeared  in  the  various  colonies  are  just  as  truly  the  roots 
of  local  government  in  the  United  States  as  are  the  New 
England  towns,  and  indeed  have  been  more  generally  copied. 
For  the  pure  town  organism  appeared  only  in  New  England. 

Further  south  the  stimuli  which  induced  the  townsmen 
of  New  England  to  live  together  in  small  compact  com- 
munities did  not  operate  to  the  same  degree.  Rigors  of  the 
weather  were  not  so  forbidding,  danger  from  the  Indians 
was  not  so  great.  A  more  bountiful  nature  made  it  less 
necessary  to  rely  upon  each  other  for  sustenance.  More 
extensive  agricultural  operations  were  possible,  tempting 
men  away  from  industrial  enterprises  which  would  have 
brought  them  chjse  togetlier  in  compact  communities. 
The  religious  and  cultural  heritage  of  the  people  farthei 


44  COUNTY  AND  TOWNSHIP  GOVERNMENT 

south  had  been  enough  different  so  that  the  impulse  to 
organize  for  religious  purposes  did  not  operate  in  just  the 
same  way,  and  furthermore  the  population  farther  south 
was  not  so  homogeneous  as  it  was  in  severe  New  England. 
Where  the  climate  was  less  rigorous  and  the  conditions  of 
life  did  not  demand  as  much  physical  exertion  and  more 
or  less  battling  with  the  elements  in  pursuit  of  a  livelihood, 
there  was  always  to  be  found  a  goodly  smattering  of  the 
well-bom  aristocrats.  Their  presence  was  a  factor  to  be 
reckoned  with,  and  as  a  factor  it  entered  into  the  complex 
composition  of  forces  which  molded  local  government 
in  the  various  communities.  In  Virginia,  known  as  the 
Old  Dominion,  probably  this  factor  was  of  greater  im- 
portance than  it  was  in  any  other  place. 

The  Township. — Wliat  then,  were  the  important  changes 
wrought  by  these  differing  factors  in  the  equation?  In 
New  York  and  Pennsylvania  towns  existed,  but  they  were 
not  so  vigorous  and  did  not  have  so  much  governmental 
power  as  the  towns  of  New  England  had.  Townsmen  in 
these  states  were  not  so  jealous  of  their  rights  nor  inclined 
to  insist  so  vigorously  upon  the  privileges  of  self-govern- 
ment. In  New  York  particularly  there  were  numerous 
units  of  local  government  called  villages,  manors  and  towns; 
and  originally  they  maintained  direct  relations  with  the 
central  colonial  government.  For  many  years  there  were 
no  areas  of  local  government  other  than  these  little  semi- 
urban  communities.  These  Httle  units  maintained  an 
organization  and  exercised  functions  very  similar  to  those 
of  the  New  England  town.  They  were  the  compact,  rather 
thickly  populated  districts  which  in  New  England  would 
have  been  merely  the  centers  of  the  towns.  But  in  New 
York  and  Pennsylvania  they  tended  to  separate  them- 
selves from  the  surrounding  rural  area,  and  the  distinctly 
rural  area  that  remained  became  the  township. 


VARIATIONS  FROM  THE  NEW  ENGLAND  TYPE         45 

Ob\iously  these  townships  did  not  have  much  vitahty 
ahhough  they  have  always  remained  as  clearly  defined 
areas  of  government  with  a  structure  and  functions  dis- 
tinctly their  own.  But  the  significant  thing  is  that  when 
finally  another  unit  of  local  government,  the  county,  did 
appear  in  New  York,  as  indeed  it  did  in  New  England  too, 
the  townships  of  New  York  were  not  able  to  maintain 
their  independence  in  the  same  degree  as  the  towns  had 
been  maintaining  theirs  and  sacrificed  many  important 
functions  to  the  county.  The  townships  ceased  to  have 
control  over  tax  levies,  they  ceased  to  be  units  of  representa- 
tion in  the  colonial  assembly,  and  they  no  longer  enjoyed 
the  right  to  pass  laws  dealing  with  their  owa  local  con- 
cerns. But  still  the  to^\Tiship  in  New  York  remained  a 
very  live  institution  with  important  functions  to  perform. 
The  significant  thing  is  that  the  factors  which  make  for 
strong,  aggressive  town  organization  were  not  strong 
enough  to  resist  the  encroachments  of  the  county  which 
was  a  more  acceptable  area  of  local  government  to  the 
wealthy,  landed  class. 

In  Pennsylvania  the  situation  was  even  worse  so  far  as 
the  townships  were  concerned.  Even  the  towns  did  not 
flourish  there,  and  when  counties  were  established  they 
were  able  completely  to  overshadow  the  townships — 
reduce  them  to  the  status  of  virtual  administrative  dis- 
tricts and  appropriate  to  the  county  all  the  principal  func- 
tions of  local  government. 

In  Virginia  the  township  did  not  appear  at  all,  for  again 
the  factors  that  would  have  made  for  the  emergence  of 
the  New  England  type  of  local  government  did  not  operate 
in  Virginia.  Even  compact  towns  were  few  and  far  be- 
tween. Men  did  not  come  together  in  small  compact  com- 
munities to  live.  It  was  impossible  to  make  them  do  so 
even  though  legislation  was  passed  with  a  view  to  stimulat- 


46  COUNTY  AND  TOWNSHIP  GOVERNMENT 

ing  the  growth  of  towns.  Legislation  for  instance  that 
forbade  the  building  of  residences  farther  than  a  certain 
distance  from  the  center  of  the  community,  frequently 
was  passed.  The  mild  weather,  together  with  the  op- 
portunities for  acquiring  plantations  induced  men  to  go 
out  from  compact  communities  and  develop  the  plantation 
life.  Slavery  helped  to  make  this  possible,  of  course,  and 
plantation  life  appealed  very  strongly  to  the  wealthy  men 
who  were  able  not  only  to  buy  land  but  to  maintain  large 
plantations  as  little  feudal  manors.  These  proprietors 
exercised  very  considerable  authority  over  their  tenants 
and  their  servants,  legally  and  extra-legally,  and  circum- 
stances altogether  were  not  such  as  to  lead  to  the  devel- 
opment of  towns. 

The  Parish. — An  institution  closely  analogous  to  the 
town,  however,  did  develop.  This  was  the  parish,  an 
ecclesiastical  jurisdiction.  The  functions  of  the  parish 
as  an  institution  of  government  were  all  closely  connected 
with  the  church  and  the  religious  life  of  the  community. 
But  the  duties  of  parish  authorities  frequently  involved 
the  exercise  of  power  that  is  only  associated  with  institu- 
tions of  government.  For  instance,  the  parish  authorities 
had  power  to  levy  and  collect  taxes  for  the  maintenance 
of  the  church,  and  in  some  cases  to  impose  punishment 
for  offenses  against  church  regulations. 

The  Vestry. — The  governing  authority  in  the  parish 
was  the  vestry.  The  vestry  is  suggestive  of  town  selectmen. 
Ordinarily  there  were  twelve  men  in  the  vestry,  sometimes 
popularly  elected  but  more  often  co-opted  by  the  old 
vestry.  That  is,  when  a  vacancy  occurred  the  remaining 
members  would  choose  a  new  man  to  take  his  place.  This 
arrangement  suited  the  wealthy  class  and  effectively 
stifled  democracy.  The  duties  of  the  vestrymen  were  to 
apportion  and  collect  the  parish  rate,  or  tax.     They  also 


VARIATIONS   FROM  THE  NEW  ENGLAND  TYPE         47 

selected  churchwardens  and  employed  a  minister.  But 
under  their  supervsion  still  other  functions  were  exercised 
which  ordinarily  are  performed  through  a  strictly  civil 
organization.  They  assumed  responsibility  for  the  care 
of  the  poor,  a  function  that  has  always  belonged  to  in- 
stitutions of  local  government.  They  were  responsible  for 
keeping  vital  statistics — that  is,  records  of  births,  deaths 
and  marriages — the  actual  work  being  done  through  the 
minister  or  his  clerk;  and  they  exercised  some  power  in 
connection  ■vvith  the  maintenance  of  peace,  thus  assuming 
functions  elsewhere  exercised  by  constables  or  sheriffs. 
These  were  meager  functions  to  be  sure,  but  they  are  at 
least  suggestive  of  the  town. 

The  County.^Another  unit  of  local  government  had 
appeared  to  take  the  place  of  the  township  in  the  South, 
and  to  challenge  its  right  to  its  somewhat  precarious 
position  in  New  York  and  Pennsylvania.  This  unit  of 
government  was  the  county.  It  appeared  everywhere, 
but  usually  some  years  after  towns  had  been  established. 
In  some  communities  it  did  not  flourish  and  held  a  relatively 
insignificant  place  in  the  structure  of  the  government. 
In  other  communities  it  proved  to  be  so  much  better 
adapted  to  the  needs  of  the  people  that  township  govern- 
ment promptly  decayed  and  the  county  took  over  its 
functions,  leaving  the  township  a  mere  skeleton  in  the 
structure  of  government  with  almost  no  functions  to  per- 
form. 

Counties  in  New  England. — Turning  again  to  New 
England  it  will  be  possible  to  discover  the  circumstances 
that  gave  rise  to  the  county.  For  some  years  there  was 
no  occasion  for  establishing  a  unit  of  government  sub- 
stantially larger  than  the  town  and  yet  subordinate  to  tlie 
colonial  government  itself.  The  colonial  government  had 
jurisdiction  over  the  entire  area  belonging  to  the  colony, 


48  COUNTY  AND  TOWNSHIP  GOVERNMENT 

the  towns  exercised  jurisdiction  within  their  limited 
boundaries,  and  there  were  not  enough  people  living  in 
the  wild  tracts  between  towns, — that  is  outside  the  juris- 
diction of  any  town — to  make  it  necessary  to  establish 
institutions  of  local  government  for  their  benefit  alone. 
But  as  population  grew,  and  the  "between-lands"  were 
inhabited,  it  became  apparent  that  existing  institutions 
of  government  were  not  quite  suited  to  the  exercise  of  at 
least  some  important  governmental  functions. 

The  most  important  of  these  functions  was  the  ad- 
ministration of  justice.  As  regarded  cases  arising  within 
town  boundaries,  the  selectmen  in  each  town  exercised 
judicial  functions  involving  minor  breaches  of  the  peace, 
or  relatively  small  sums  of  money.  The  more  important 
cases  were  necessarily  transferred  to  the  judicial  author- 
ities of  the  central  colonial  government.  And  so  long  as 
the  towns  were  not  numerous  and  the  population  in  be- 
tween them  was  very  sparse  the  central  colonial  courts 
were  able  very  easily  to  deal  with  all  the  cases  that  arose. 
But  as  the  towns  became  more  numerous  and  the  popula- 
tion grew,  the  central  courts  were  not  able  conveniently 
to  handle  all  the  judicial  business  that  came  to  them;  and 
furthermore  it  became  desirable  to  establish  courts  nearer 
to  the  people,  for  the  seat  of  government  was  far  removed 
from  a  large  share  of  the  population. 

Administration  of  Justice. — Courts  of  competent  juris- 
diction might,  it  is  true,  have  been  established  in  each 
town  and  persons  could  always  have  brought  their  cases 
to  the  nearest  town;  but  no  one  town  had  enough  judicial 
business  to  occupy  the  whole  time,  or  anywhere  near  the 
whole  time,  of  a  single  court.  Hence  the  obvious  expedient 
suggested  itself  of  marking  out  a  district  embracing  a 
number  of  towns,  within  which  district  a  single  court 
might  function. 


VARIATIONS  FROM  THE  NEW  ENGLAND  TYPE         49 

Such  districts  were  called  counties,  and  it  is  to  be  ob- 
served that  the  conditions  giving  rise  to  the  establishment 
of  counties  for  judicial  purposes  are  quite  different  from 
conditions  that  give  rise  to  true  areas  of  local  self-govern- 
ment. The  problem  in  this  case  was  merely  one  of  ad- 
ministrative detail.  The  county  did  not  grow  out  of  the 
circumstances  of  social,  economic,  cultural,  and  political 
unity  that  gave  rise  to  town  government,  but  rather  it 
grew  out  of  a  practical  administrative  problem. 

Military  Districts. — Another  practical  problem  was 
that  of  maintaining  armed  forces.  Every  man  within  the 
colonial  jurisdiction  was  subject  to  call  for  mihtary  service 
and  was  expected  to  receive  some  training.  The  towns  were 
too  small  to  serve  as  units  in  the  military  organization  and 
again  the  obvious  expedient  occurred  of  marking  out  large 
areas,  counties  indeed,  in  each  of  which  a  commanding 
officer  would  have  full  charge  of  all  the  men  from  all  the 
towns  within  his  county.  Here  again  it  vnW  be  seen  that 
it  was  a  problem  of  administrative  detail  that  helped  give 
rise  to  county  organization. 

Collection  of  Taxes. — Still  another  problem  of  similar 
nature  appeared.  The  levying  and  collection  of  taxes 
could  be  done  much  more  effectively  if  carried  on  under 
the  direction  of  officers  functioning  for  a  district  embracing 
several  towns.  And  indeed,  as  soon  as  the  county  was 
created  for  any  purpose  at  all  it  was  necessary  to  provide 
funds  to  keep  the  county  government  itself  going,  and 
officers  were  needed  to  collect  and  have  custody  of  the 
funds.  This  meant  the  creation  of  fmance  offices  and 
machinery  to  supervise  the  assessment  and  collection  of 
taxes  and  the  care  of  public  funds. 

All  these  and  other,  less  significant  circumstances  com- 
bining at  about  the  same  time  caused  the  colonial  author- 
ities in  New  England  to  lay  out  systems  of  counties.    The 


so  COUNTY  AND  TOWNSHIP  GOVERNMENT 

first  move  in  this  direction  was  taken  in  1665,  some  forty 
years  after  the  first  settlements.  Originally  the  districts 
were  called  shires,  after  the  practice  in  England,  but  the 
term  county  soon  took  root  and  was  accepted  universally. 

County  Officers. — A  court  composed  of  several  justices 
was  set  up  in  each  county — the  justices  were  appointed 
by  colonial  assemblies  or  the  governors  and  held  their 
sessions  periodically  in  the  principal  towns  of  the  county. 

The  military  officer  of  the  county  was  a  sergeant  major 
and  it  was  his  business  to  organize  the  "train  bands"  of 
all  the  towns  within  his  county  into  a  regiment. 

Finance  officers  of  the  county  were  a  county  treasurer, 
usually  regularly  elected,  and  later  a  board  of  assessors. 
Their  functions  are  obvious  enough,  but  it  should  be  noted 
that  there  was  a  decided  tendency  to  expand  the  powers 
of  the  county  finance  officers,  particularly  in  the  matter 
of  assessments.  Town  officers  did  the  actual  work  of 
assessing  and  collecting  taxes,  but  gross  inequalities  in 
assessed  values  appeared  as  between  towns,  and  it  soon 
became  necessary  to  have  some  higher  authority  competent 
to  equalize  these  unfair  assessments.  This  was  done  by 
county  officials  and  has  remained  an  important  function 
of  the  county  to  this  day. 

The  County  Court. — But  it  will  be  observed  that  the 
functions  of  the  county  in  New  England  were  extremely 
meager,  compared  with  the  functions  which  it  enjoyed 
in  other  portions  of  the  country.  However,  there  was  a 
decided  tendency  in  certain  of  the  colonies  even  in  this 
northern  group,  to  permit  county  officers  to  appropriate 
certain  powers  at  the  expense  of  the  towns.  At  first  these 
functions  were  rather  closely  related  to  the  judicial  func- 
tion. Thus  the  county  court,  composed  of  all  the  justices, 
provided  for  prisons  and  houses  of  correction.  The  county 
court  imposed  fines  on  towns  and  town  officials  for  neglect 


VARIATIONS  FROM  THE  NEW  ENGLAND  TYPE         51 

of  duty.  Presently  the  courts  assumed  the  function  of 
granting  licenses  to  engage  in  business  or  a  profession. 
Licenses  to  sell  liquor  and  to  keep  inns  were  the  most  im- 
portant of  these.  And  when  it  became  necessary  the 
county  court  undertook  to  mark  out  highways,  provide 
for  their  establishment  and  maintenance  and  to  build 
bridges. 

These  functions,  of  course,  were  not  related  to  the 
strictly  judicial  function  of  a  court;  but  it  is  to  be  observed 
that  they  were  assumed  simply  as  a  natural  consequence 
of  the  developing  situation.  Highways  had  to  be  built 
that  would  connect  the  various  towns.  The  colonial  as- 
sembly was  too  remote  to  be  concerned  with  such  a  problem, 
— the  county  court  was  just  the  body  to  assume  the  func- 
tion. This  is  simply  an  example  of  the  tendency  of  gov- 
ernmental institutions  to  adapt  themselves  to  changing 
needs  of  a  community  if  no  artificial  factor  is  introduced 
into  the  normal  composition  of  forces. 

Still  other  functions  which  the  county  courts  undertook 
to  assume  gave  rise  to  some  effective  resistance.  They 
sometimes  undertook  to  impose  petty  ordinances  upon  the 
towns  and  to  review  the  town  by-laws,  disallowing  those 
which  were  not  acceptable  to  them.  This  was  of  course  a 
direct  invasion  of  the  town's  cherished  prerogative,  and 
in  New  England  the  towns  were  vigorous  enough  to  resist 
any  serious  extension  of  the  practice. 

Counties  in  New  York. — A  little  farther  south,  how- 
ever, in  New  York,  a  different  set  of  conditions  not  only 
led  to  the  establishment  of  counties  but  made  it  possible 
for  the  county  to  extend  its  functions  still  farther  at  the 
expense  of  the  townships.  In  1683  New  York  was  divided 
into  twelve  counties  with  the  customary  judicial,  military 
and  financial  functions  to  perform.  And  since  the  town- 
ships were  not  so  vigorous;  since  the  townsmen  were  not 


52  COUNTY  AND  TOWNSHIP   GOVERNMENT 

SO  jealous  of  local  prerogatives;  since  the  sentiment  of 
unity  was  not  so  strong;  it  was  easy  for  the  county  authori- 
ties to  assume  numerous  administrative  functions  that 
involved  more  and  more  an  invasion  of  township  preroga- 
tives. They  assumed  more  authority  over  financial  ad- 
ministration, they  took  jurisdiction  of  the  problems  of 
poor  relief,  the  building  of  highways  and  schools;  and  they 
passed  petty  ordinances  that  completely  supplanted  the 
old  town  by-laws. 

The  Board  of  Supervisors. — And  in  the  early  part  of  the 
eighteenth  century  appeared  a  new  institution  of  county 
government  that  grew  directly  out  of  this  practice  of 
exercising  administrative  functions.  It  was  the  board  of 
supervisors.  One  or  more  supervisors  were  sent  from  each 
township  and  altogether  they  composed  the  county  board. 
This  board  exercised,  or  had  control  over  the  exercise  of, 
all  administrative  activities. 

Other  Officers. — Other  county  officers  that  appeared 
with  the  expanding  activity  of  the  county  were  the  county 
clerk,  the  sheriff  and  the  coroner.  The  two  latter  officers 
were  responsible  for  the  maintenance  of  peace,  and  the 
town  constable  promptly  lost  his  prestige. 

County  Functions  in  New  York. — The  counties  also 
became  units  for  elections,  and  the  county  instead  of  the 
town  or  township  became  the  unit  of  representation  in  the 
colonial  assembly.  This  practice  has  continued  in  many 
of  the  states  even  to  the  present  day,  for  the  counties  are 
very  often  units  of  representation  in  the  state  assemblies. 
Thus  while  the  township  did  not  disappear  entirely,  and 
continued  to  be  a  very  definite  and  important  area,  es- 
pecially in  its  relation  to  the  board  of  supervisors,  the 
tendency  was  distinctly  to  cut  down  the  functions  of  the 
township  and  enhance  the  power  of  the  counties. 

Counties  in  Pennsylvania, — Farther  south,  in  Penn- 


VARIATIONS  FROM  THE  NEW  ENGLAND  TYPE         53 

sylvania,  the  same  tendency  was  carried  still  farther. 
Counties  were  created  there  about  the  same  time  they  were 
created  in  New  York,  and  a  very  definite  move  was  made  to 
center  full  control  of  local  government  affairs  in  the  hands 
of  county  officers.  The  township  appeared  in  Pennsylvania 
but  it  was  not  a  unit  of  representation  on  the  county  board, 
it  did  not  have  as  many  functions  to  perform  as  the  town- 
ship in  New  York,  and  indeed  instead  of  being  an  area 
for  local  self-government  it  was  but  little  more  than  an 
administrative  district  for  exercising  county  functions. 

The  Board  of  Commissioners. — The  towTiships  did  not 
have  the  power  of  making  by-laws,  and  local  legislative 
powers,  such  as  they  were,  were  exercised  by  the  county 
board  of  commissioners.  The  board  of  commissioners 
was  a  group  of  three  men  chosen  at  large  from  the  county, 
and  resembled  the  New  York  board  of  supervisors  as  re- 
gards power  and  functions.  This  board  succeeded  the 
county  court  in  so  far  as  administrative  functions  were 
concerned.  It  licensed  innkeepers,  even  fixed  the  price 
of  meals,  had  complete  jurisdiction  over  finance  matters 
through  county  assessors  and  collectors,  kept  records  of 
land  transfers,  constructed  highways,  and  in  a  word  super- 
vised the  exercise  of  all  the  functions  of  local  government. 

Counties  in  the  South. — Still  farther  south,  as  has  al- 
ready been  pointed  out,  the  township  never  appeared  at  all 
and  the  county  always  was  the  one  and  only  significant  unit 
for  purposes  of  local  government,  the  parish  occupying  a 
very  unimportant  position.  The  county  in  the  South  was 
a  distinctly  undemocratic  institution.  County  courts 
were  established  in  two  of  the  principal  cities  and  later  in 
the  smaller  communities,  the  justices  being  appointed  by 
the  governor.  These  county  justices  served  as  the  county 
board  and  had  complete  control  over  local  goveniment.* 

*  Howard,  p.  393,  calls  attention  to  the  fat  I  lliut  at  oiiu-  liim;  il  was  pro- 


54  COUNTY  AND  TOWNSHIP  GOVERNMENT 

Other  county  officers  were  a  clerk,  coroner,  sheriff,  sur- 
veyor, and  a  lieutenant, — all  appointed.  This  organiza- 
tion made  the  county  competent  to  handle  all  matters  of 
local  government.  Of  course  the  county  in  the  South  was 
also  usually  the  unit  of  representation  in  the  colonial  legis- 
lature. 

Four  Types  of  Local  Government. — The  four  principal 
types  of  local  government  organization  wliich  were  estab- 
lished during  the  early  history  of  the  United  States  have 
now  been  examined.  They  are  the  bases,  the  roots  out  of 
which  the  present  types  have  emerged.  There  were  certain 
variations  of  the  four  types,  but  they  were  not  important 
enough  to  call  for  any  extended  discussion  or  to  justify  a 
more  extended  classification.  These  four  types  were  quite 
distinctive  and  were  important  determining  factors  in  the 
development  of  modern  institutions.  Each  is  to  be  associ- 
ated with  a  particular  geographical  portion  of  the  country. 

1.  New  England  Type. — Thus,  to  summarize,  in  the 
New  England  group  of  colonies  was  to  be  found  the  town 
type  of  local  government  organization,  the  town  being 
the  principal  unit  for  local  government.  But  the  county 
also  existed  there  for  some  few  purposes. 

2.  Southern  Type.— In  the  southern  grou;p  of  colonies, 
principal  among  which  was  Virginia,  was  to  be  found  the 
highly  developed  county  exercising  practically  all  of  the 
functions  of  local  government,  in  the  absence  of  the  town- 
ship. 

J.  North-Central  Type. — In  the  colonies  that  were  be- 
tween New  England  and  Virginia — the  Central  colonies 
they  may  be  called — were  to  be  found  two  distinct  types 
of  local  government  involving  a  combination  of  the  township 
and  the  county.     In  New  York,  a  typical  representative 

vided  that  each  parish  might  send  a  delegate  to  sit  with  the  court  for  the 
purpose  of  making  laws,  but  adds  that  it  is  doubtful  it  this  was  ever  done. 


VARIATIONS  FROM  THE  NEW  ENGLAND  TYPE         55 

of  the  North- Central  group,  the  township  was  clearly  de- 
fined, had  certain  important  functions  of  local  govern- 
ment which  it  exercised  independently  of  the  county,  and 
served  as  a  unit  of  representation  on  the  county  board  of 
supervisors. 

4.  South-Central  Type. — In  Pennsylvania,  a  typical  rep- 
resentative of  the  South-Central  group  was  to  be  found  the 
township  and  the  county,  but  the  to\^^lship  was  distinctly 
a  subordinate  unit,  had  virtually  no  independent  functions, 
was  not  a  unit  of  representation  on  the  county  board  and 
served  principally  as  an  administrative  district  for  the 
county. 

Counties  and  Townships  in  the  West. — It  would  be  a 
most  interesting  subject  of  study  for  the  historian  if  he 
were  to  trace  the  development  of  local  governmental  in- 
stitutions in  each  one  of  the  four  areas  discussed.  It  would 
be  still  more  interesting  to  follow  out  the  steps  in  the 
establishment  of  governmental  institutions  as  civilization 
pressed  westward,  finally  embracing  the  whole  continent. 
For  many  decades  down  into  the  nineteenth  century  there 
was  a  frontier  area  just  as  free  of  habitation  as  New  England 
or  Virginia  had  been  when  they  were  first  settled  and  in- 
stitutions of  local  government  were  created.  Wliat  hap- 
pened in  Ohio,  Kentucky,  Tennessee,  Illinois,  Michigan 
and  Indiana  as  civilization  gradually  embraced  them  one 
by  one?  Was  the  same  old  story  worked  out — did  towns 
a[)i)ear  in  some  places,  counties  in  other  places,  and  vary- 
ing combinations  of  the  two  in  still  other  places? 

Of  course  the  question  can  be  answered  in  the  affirma- 
tive. Institutions  emerged,  always  responsive  to  a  com- 
plex composition  of  forces,  aided  now  and  then  by  artificial 
stimulus  in  the  form  of  legislation,  state  or  national.  Just 
as  in  the  early  day,  so  on  the  western  frontier,  social, 
economic  and  other  considerations  led  to  the  emergence  of 


56  COUNTY  AND  TOWNSHIP  GOVERNMENT 

thriving  towns  in  some  places,  to  the  strengthening  of 
the  county  in  other  places,  and  to  many  variations  of  the 
two.  But  always  the  four  great  types  on  the  Atlantic 
seaboard  were  the  models,  and  sooner  or  later  institutions 
of  local  government  had  struck  root  in  every  state,  de- 
veloped, and  finally  emerged  into  the  situation  which 
exists  to-day. 

State  Law  and  Local  Government. — It  would  be  a  very 
long,  and  not  altogether  profitable  task  to  trace  the  in- 
fluence of  state  constitutional  and  statutory  provisions 
upon  the  development  of  institutions  of  local  government. 
In  many  cases  towns  existed  before  the  state  itself,  and 
the  state  legislatures  merely  recognized  an  existing  situa- 
tion when  finally  the  state  governments  did  come  into 
being.  Other  times  the  state  legislatures  arbitrarily  marked 
out  a  system  of  counties  and  townships,  resorting  to 
various  devices  in  order  to  stimulate  their  growth. 

Act  of  Congress  of  1785.— But  it  is  well  worth  while  to 
touch  upon  certain  acts  of  Congress  which  had  a  pro- 
nounced effect  upon  the  development  of  institutions  of 
local  government  in  the  West.  In  1785  the  Continental 
Congress  provided  for  the  survey  and  sale  of  pubHc  lands. 
The  land  was  to  be  surveyed  into  areas  six  miles  square 
which  are  known  even  to-day  as  the  congressional  town- 
ships. Each  purchaser's  land  was  recorded  as  located  in 
a  particular  township,  at  first  known  by  number  only,  but 
the  inhabitants  were  urged  to  give  their  townships  dis- 
tinctive names.  This  was  all  intended  to  stimulate  in  the 
buyer  an  interest  and  a  sense  of  loyalty  to  his  particular 
township.  The  ordinance  applied  to  the  area  north  and 
west  of  a  point  at  the  intersection  of  the  southern  boundary 
of  what  then  was  Pennsylvania,  and  the  Ohio  River. 

The  Northwest  Ordinance  of  1787.— In  1787  the  famous 
Northwest  Ordinance  was  passed.    It  provided  for  a  gov- 


VARIATIONS  FROM  THE  NEW  ENGLAND  TYPE         57 

emor  and  judges  for  the  Northwest  Territory,  and  in  some 
detail  made  pro\asion  for  the  carving  out  of  new  states 
from  this  territory.  In  1790  the  governor  and  judges  men- 
tioned in  the  ordinance  of  1787  appointed  a  constable  for 
each  congressional  township  who  was  to  function  "spe- 
cially" for  his  township  and  "generally"  for  the  county 
in  which  his  township  was  located.  And  finally,  Congress 
set  aside  one  square  mile  of  land  in  each  township  for 
school  purposes. 

Significance  of  These  Acts. — These  acts  are  all  sig- 
nificant in  that  they  provided  a  sort  of  artificial  stimulus 
calculated  to  induce  the  inhabitants  to  organize  and  govern 
themselves.  Such  legislation  stimulated  local  allegiance 
and  suggested  certain  functions  which  could  properly  be 
carried  on  through  areas  of  local  government,  particularly 
functions  in  connection  with  such  matters  as  maintenance 
of  peace,  land  transfer  records,  and  education.  The  in- 
habitants responded  with  more  or  less  enthusiasm  and  in 
some  places  organized  vigorous,  thriving  townships,  while  in 
other  places  the  county  was  allowed  to  take  the  lead  and 
assumed  all  the  functions  of  local  government. 

Here  the  thread  of  history  must  be  dropped.  There  are 
in  the  United  States  to-day  over  three  thousand  counties 
and  of  course  the  number  of  townships  would  be  ever  so 
much  larger.  All  of  these  areas  of  government  have  grown 
out  of  the  bases  established  on  the  Atlantic  seaboard 
during  the  seventeenth  century,  and  have  been  the  product 
of  forces  similar  to  those  which  operated  in  the  early  day. 
Experience  and  forward-looking  legislation  played  a  large 
j)art  in  building  up  the  counties  and  the  townships  in  the 
West,  but  even  so  it  will  be  found  that  the  four  character- 
istic types  still  exist  very  much  as  they  did  at  first. 

It  is  desirable  now  to  take  a  hasty  survey  of  the  United 
States  and  get  a  picture  of  the  situation  as  it  is  at  present. 


CHAPTER  IV 

PRESENT-DAY  TYPES  OF  LOCAL  GOVERNMENT 
ORGANIZATION 

Types  of  Local  Government  may  be  Classified. — In 

the  light  of  what  has  been  said  about  the  origins  of  local 
government  in  America  it  may  reasonably  be  expected  that 
all  the  states  in  the  Union  can  be  grouped  in  four  classes, 
depending  upon  the  variations  in  type  of  local  government 
organization  to  be  found  within  their  borders.  These 
four  types  as  they  exist  to-day  may  conveniently  be  ex- 
amined with  a  view  to  three  significant  considerations: 
first, — the  relative  importance  of  the  township  and  the 
county;  second, — the  character  of  the  principal  unit  of 
government;  and  third, — the  degree  of  organic  connection 
existing  between  the  township  and  the  county. 

No  attempt  will  be  made  at  this  time,  however,  to  ex- 
amine with  any  thoroughness  the  structure  of  local  govern- 
ment in  any  given  section  of  the  country,  nor  to  study  in 
detail  the  functions  of  the  local  areas  and  the  duties  of 
local  officers.  The  purpose  for  the  moment  is  but  to  get  a 
view  of  the  whole  United  States  and  fix  in  mind  if  possible 
the  outstanding  facts  about  local  government  organization 
in  each  portion  of  the  country.  With  these  considerations 
in  mind  a  classification  of  the  states  may  be  accomplished. 

The  New  England  Group. — The  New  England  states 
even  to-day,  as  might  be  expected,  exploit  the  town  as  the 
more  important  unit  than  the  county.     They  are: 

Maine  Vermont  Rhode  Island 

New  Hampshire  Massachusetts  Connecticut 

58 


TYPES  OF  LOCAL  GOVERNMENT  59 

Most  of  the  functions  of  local  government  in  New  England 
are  exercised  through  the  town  instead  of  through  the 
county.  Thus  the  town  has  charge  of  highways,  poor 
reUef,  and  schools.  It  is  an  area  for  the  maintenance  of 
peace  and  the  administration  of  petty  justice.  It  is  through 
the  town  that  taxes  are  assessed  and  collected.  And  the 
town  is  an  election  district.  It  furthermore  should  be 
remembered  that  in  New  England  the  town  government 
embraces  the  urban  community  that  may  be  within  its 
borders  and  hence  one  would  expect  the  town  also  to  exer- 
cise those  functions  which,  outside  of  New  England,  are 
exercised  by  petty  municipalities  such  as  villages.  This 
is  indeed  the  case,  and  thus  in  New  England  the  town  may 
embark  upon  public  works  such  as  street  paving,  water 
and  sewer  systems,  electric  lighting  and  other  activities 
of  a  similar  nature.  The  towns  also  are  used  as  ad- 
ministrative districts  for  the  administration  of  state 
business. 

The  most  important  purpose  for  which  the  county  exists 
is  the  administration  of  justice.  But  in  addition  to  the 
officers  who  are  to  be  associated  with  the  administration 
of  justice,  such  as  the  judges,  prosecutors,  sheriffs  and 
coroners,  there  are  also  to  be  found  county  officers  who  have 
duties  in  connection  with  the  assessment  and  collection  of 
taxes.  The  county  thus  serves  some  very  important  pur- 
poses, but  the  town  is  obviously  the  principal  unit  of  local 
self-government. 

The  town  meeting  is  the  chief  organ  of  government  in 
the  town  and  exercises  all  the  powers  of  the  town  that  are 
not  specifically  bestowed  upon  particular  officers.  These 
officers  are  the  selectmen,  a  group  in  every  way  similar 
to  the  selectmen  of  three  centuries  ago,  a  town  clerk,  an 
assessor,  a  treasurer,  an  overseer  of  the  poor,  a  highway 
commissioner,  several  constables,  and  justices  of  the  peace, 


6o 


COUNTY  AND  TOWNSHIP  GOVERNMENT 


and  a  school  board.  In  the  more  populous  towns  still  other 
officers  are  found. 

There  is  no  organic  connection  between  the  county  and 
the  town,  for  there  is  no  representative  county  board  com- 
posed of  members  elected  from  the  respective  towns. 

The  South  and  Far  West. — Outside  of  New  England  is 
to  be  found  a  group  of  twenty-five  states  where  townships 
do  not  exist.  They  compose  a  great  belt  sweeping  down 
from  Maryland  and  Delaware,  embracing  all  the  southern 
states  and  some  that  are  not  quite  far  enough  south  to  be 
considered  strictly  southern.  This  belt  continues  on  in- 
cluding also  the  three  Pacific  coast  states,  the  Rocky 
Mountain  group  and  certain  others  of  the  Far  West. 

These  twenty-five  states  are: 


Delaware 

Georgia              Louisiana 

Utah 

Maryland 

Florida               Texas 

Nevada  * 

West  Virginia 

Alabama           New  Mexico 

Idaho 

Virginia 

Tennessee          Arizona 

Montana  * 

North  Carolina* 

Kentucky          Colorado 

Washington 

South  Carolina* 

Mississippi        Wyoming 
California  * 

Oregon 

As  already  has  been  pointed  out  the  conditions  in  the 
South  were  not  favorable  to  the  development  of  towns  or 
other  small  areas  of  government,  and  hence  counties  were 
organized  which  promptly  assumed  all  of  the  functions  of 
local  government.  This  tjrpe  of  organization  has  been 
satisfactory  to  the  people  of  this  section  and  few  attempts 
have  been  made  to  foist  a  system  of  townships  upon  such 
communities  to  which  these  small  units  of  government 
would  be  quite  unadapted. 

Another  factor,  than  the  factors  of  social,  economic  and 

*  Townships  exist  in  these  states  in  name,  but  they  are  merely  justice 
of  the  peace  districts  and  do  not  possess  the  characteristic  township  organi- 
zation. 


TYPES  OF  LOCAL  GOVERNMENT         6l 

climatic  conditions,  also  explains  the  extension  of  the 
county  type  of  government  into  the  Far  West.  The 
portions  of  the  country  straight  west  from  the  southern 
Atlantic  seaboard  states  was  populated  largely  by  men 
who  went  straight  west,  not  by  northerners  coming  south. 
And  those  who  went  west  out  of  the  southern  Atlantic 
states  carried  with  them  the  plan  of  government  which  had 
proved  suitable  in  the  states  from  which  they  came. 

To  say  that  the  county  is  a  more  important  unit  of 
government  than  the  towTiship  in  this  great  section  of  the 
country  is  hardly  accurate.  The  county  here  is  the  only 
significant  unit  of  local  government  and  performs  all 
functions  of  local  government,  although  the  county  may 
be  divided  into  districts  to  facilitate  administration. 

Obviously  there  is  no  such  problem  as  establishing  or- 
ganic connection  between  the  county  and  towTiship. 

The  Central  Group. — The  section  of  the  country  that 
remains  is  composed  of  seventeen  states  that  are  found 
clustering  around  the  Great  Lakes,  and  those  immediately 
west  of  them  as  far  as  Wyoming  and  Montana.  In  these 
states  are  to  be  found  townships  as  well  as  counties. 

But  the  states  in  this  area  must  be  divided  into  two 
groups,  for  the  states  in  each  group  are  distinctively  char- 
acterized by  the  relation  existing  between  the  county  and 
the  township.  It  has  been  customary  to  divide  these 
seventeen  so-called  central  states  into  the  North-Central 
and  the  South-Central  groups,  respectively,  even  though 
the  use  of  these  terms  is  not  at  present  altogether  justified. 

The  Norlh-Cenlral  Group. — In  the  so-called  North- 
Central  group  are: 

New  York  Michigan  Wisconsin 

New  Jersey  Illinois  Nebraska 

The  type  of  local  government  organization  to  be  found 


62  COUNTY  AND  TOWNSHIP  GOVERNMENT 

in  these  states  may  be  called  the  "township-county"  or 
"supervisor"  type.  The  distinguishing  feature  of  this 
type  of  organization  is  that  the  county  is  controlled  by  a 
board  of  supervisors  composed  of  one  or  more  supervisors 
elected  from  each  township  in  the  county.  The  result 
is  that  the  size  of  the  county  board  varies  from  three 
to  fifty,  depending  upon  the  number  of  townships  in  the 
county.  This  means  of  course  that  the  county  board  is 
usually  quite  large,  averaging  about  twenty.  It  further 
means  that  very  definite  organic  connection  is  established 
between  the  two  units  of  local  government — the  county 
and  the  township.  The  arrangement  also  emphasizes  the 
importance  of  the  township,  for  in  reaHty  it  is  township 
officers  who  manage  county  affairs. 

The  county  is  considerably  more  important  than  it  is 
in  New  England,  though  not  so  important  as  it  is  farther 
south,  many  important  functions  of  local  government  being 
left  with  the  to\\Tiships.  On  the  other  hand,  the  township 
is  not  so  important  as  the  town  is  in  New  England  though 
of  decidedly  more  importance  than  it  is  in  the  remaining 
eleven,  or  South- Central  group. 

Where  both  county  and  township  exist  there  is  a  divi- 
sion of  function  between  the  two  units  of  government, — 
some  important  functions  being  exercised  through  the 
towTiship,  such  as  the  assessment  of  property  for  taxation, — 
while  other  important  functions  are  exercised  through  the 
county.  Until  comparatively  recent  years  the  townships 
in  the  six  states  under  discussion  have  been  units  of  con- 
siderable importance.  But  the  modem  tendency  is  toward 
a  steady  decline  of  the  township  as  an  area  of  local  self- 
government. 

The  South-Central  Group.— In.  the  South-Central  group 
are  to  be  found  the  remaining  states. 

They  are: 


TYPES  OF  LOCAL  GOVERNMENT  63 


Pennsylvania 

Minnesota 

Arkansas 

Kansas 

Ohio 

Iowa 

North  Dakota 

Oklahoma 

Indiana 

Missouri 

South  Dakota 

There  has  developed  here  a  different  combination  of  the 
township  and  the  county  and  it  may  be  called  for  con- 
venience the  " county-to\\Tiship "  or  "commissioner"  type 
of  local  government.  The  distinguishing  features  are 
that  there  is  no  organic  connection  between  the  two  units 
of  government,  the  county  is  controlled  by  a  board  of 
commissioners  of  from  three  to  seven,  popularly  elected, 
usually  at  large ;  and  the  township  is  a  distinctly  subordin- 
ate unit.  Indeed,  in  this  group  of  states  the  towTiship  is 
rapidly  coming  to  be  but  little  more  than  an  admijnistrative 
district  existing  in  order  to  facilitate  the  administration 
of  coimty  business.  Most  of  the  important  functions  of 
local  government  are  under  the  control  of  county  officers, 
and  while  the  township  is  still  maintained  as  a  distinct 
unit  of  government  with  its  own  organization,  in  order 
to  perform  such  functions  as  caring  for  highways,  extend- 
ing poor  relief  and  assessing  property,  it  is  greatly  over- 
shadowed by  the  county  organization.  This  is  looked 
upon  by  many  as  a  very  desirable  situation  and  it  is  possible 
that  the  other  sbc  states  in  the  Central  group  will  adopt 
the  commissioner  plan  sooner  or  later. 

Merits  of  Each  Type. — A  word  or  two  may  well  be  said 
at  this  point  about  the  relative  merits  and  demerits  of 
the  four  types  of  local  government,  though  a  study  of  the 
details  of  structure  and  function  will  later  bring  out  the 
points  more  clearly. 

In  the  first  place  the  New  England  system  is  often 
hailed  as  being  eminently  democratic,  and  it  appeals 
strongly  to  the  imagination  and  prejudice  of  the  person 
who  thinks  of  forms  rather  than  sub.stance.  It  provides 
an  opportunity  for  pure  self-government  if  not  for  pure 


64  COUNTY  AND  TOWNSHIP  GOVERNMENT 

democracy.  The  modern  student  is  not  inclined  to  admit 
that  local  self-government,  through  the  instrumentality 
of  town  organization,  is  essentially  any  more  democratic 
than  certain  other  forms  of  government;  but  it  cannot 
well  be  denied  that  the  town  organization  does  afford  an 
opportunity  for  direct  self-government.  Thus  under  the 
town  system  of  local  government  organization  small  com- 
munities may  be  pictured  establishing  and  maintaining 
schools  in  their  own  way,  building  roads  and  bridges  to 
suit  themselves,  levying  and  collecting  taxes  as  they 
choose,  caring  for  their  own  poor  and  other  dependents, 
maintaining  the  peace  through  their  justices  and  constables, 
and  passing  local  ordinances. 

This  is  a  very  pretty  picture,  of  which  any  American 
may  well  be  proud,  when  it  is  conjured  up  as  a  vision  of 
early  day  democracy.  It  provides  a  basis  for  a  theoretical 
argument  in  favor  of  the  town  type  of  local  government 
organization,  which  is  indeed  about  the  only  argument 
which  can  be  advanced.  The  objections  that  can  be  raised 
against  the  town  system,  and  the  other  system  most  nearly 
analogous  to  it  in  which  the  township  plays  an  important 
part,  are  so  numerous  and  so  well  founded  that  nothing 
but  a  natural  conservatism  and  reverence  for  past  institu- 
tions protects  the  town  system  from  breaking  down. 

Newer  concepts  of  governmental  functions  cannot  be 
worked  out  through  such  a  decentralized  system.  State 
governments  are  expanding  the  field  of  their  activities  each 
succeeding  decade,  and  the  problem  of  exercising  the  newer 
functions  in  the  way  that  modem  public  opinion  demands 
that  they  be  exercised  is  greatly  complicated  by  the  ex- 
istence of  a  multitude  of  little  towns  or  townships  enjoying 
high  prerogatives  that  cannot  be  invaded.  Contemporary 
public  opinion  is  demanding  better  school  sytems,  uni- 
formity of  standards  is  desired.    This  can  only  be  attained 


TYPES  OF  LOCAL   GOVERNMENT  65 

through  state  action — which  is  necessarily  impeded  if 
each  little  local  area  is  to  have  charge  of  its  own  school 
affairs.  Public  opinion  is  demanding  better  roads.  They 
cannot  be  secured  if  the  local  units  are  to  be  relied  upon 
to  cooperate  and  build  them.  Public  opinion  is  demanding 
more  intelligent  care  of  the  poor  and  other  dependents. 
It  cannot  be  provided  so  long  as  local  areas  have  complete 
supervision  of  the  function.  And  so  it  goes,  as  the  public 
is  demanding  better  things  of  government,  the  town  or 
township  type  of  organization  proves  itself  to  be  wholly 
inadequate  to  the  newer  problems. 

Furthermore,  the  town  and  the  township  have  lost 
their  hold  upon  the  imagination  of  the  people,  and  town- 
ship affairs  no  longer  excite  mterest  and  enthusiasm.  The 
individual  is  no  longer  so  much  interested  in  local  self- 
government  as  he  is  in  efficiency.  He  wants  things  done, 
and  done  well,  and  as  economically  as  possible.  He  is 
very  willing  to  sacrifice  some  of  the  opportunities  for  self- 
government  in  order  to  attain  these  ends.  As  this  sentiment 
grows  the  township  steadily  declines,  its  government  is 
apt  to  fall  into  incompetent  hands,  and  it  fails  to  perform 
well,  even  those  functions  which  might  properly  be  left 
to  local  officials. 

Reasons  for  the  absence  of  the  town  and  the  township 
type  or  organization  in  the  South  and  Far  West  have 
already  been  discussed  and  it  would  be  an  idle  task  to  dis- 
cuss the  merits  and  demerits  of  the  county  system  in  those 
states  when  there  are  so  many  fundamental  obstacles  to 
the  establishment  of  any  of  the  systems  which  obtain  in 
the  northern  states.  But  it  may  be  said  that  the  county 
in  these  states  never  has  been  and  is  not  now  a  particularly 
vigorous  unit  of  self-government  in  the  same  sense  that 
counties  in  the  North  have  been,  and  would  lend  them- 
selves readily  to  a  programme  of  centralized  control  over 


'66  COUNTY  AND  TOWNSHIP  GOVERNMENT 

functions  of  local  government  in  the  state  administrative 
departments. 

County  Boards  in  Central  Group.— The  arguments 
to  be  advanced  in  favor  of  and  against  the  types  of  local 
government  organization  to  be  found  in  the  North-Central 
group  of  states  where  the  combination  of  township  and 
county  is  to  be  found,  center  largely  around  the  merits 
and  demerits  of  a  large  board  of  representative  super- 
visors, or  a  small  board  of  county  commissioners.     The 
division  of  function  between  the  county  and  the  township 
is  not  necessarily  involved  in  a  discussion  of  the  character 
of   the    county    board.     It   is    quite    possible    to    divide 
local  government  functions  between  township  and  county 
without   changing   their   structure,    and    this   process   of 
dividing  functions  continues  to  go  on,  usually  at  the  expense 
of  the  township.     But  regardless  of  the  specific  functions 
which  the  county  has  to  perform,  what  can  be  said  in  favor 
of  or  against  the  practice  of  maintaining  a  county  board 
of  supervisors  composed  of  one  or  more  persons  elected 
from  each  township  in  the  county? 

Merits  of  Large  Board.— In  the  first  place  it  is  likely  to 
mean  that  the  county  board  will  consist  of  about  twenty 
members.  Such  an  institution  is  quite  in  harmony  with 
the  principle  of  representative  government,  each  man 
representing  his  constituency,  which  is  one  township. 
Such  a  board  as  this,  it  is  said,  is  particularly  well  adapted 
to  express  the  \\ill  of  the  people,  being  a  truly  representative 
assembly.  The  people  of  each  locality  feel  that  they  have 
a  personal  representative  on  the  county  board  through 
whom  they  can  make  their  influence  felt  directly.  Whether 
this  is  true  or  not,  the  thought  at  least  exists  in  the  minds 
of  a  great  many  people.  Each  individual  feels  that 
there  is  one  member  of  the  board  who  represents  him  and 
who  is  Hkely   to   be  more   sympathetic  toward   projects 


TYPES  OF  LOCAL  GOVERNMENT  67 

involving  his  own  constituents,  than  he  would  be  if  he  were 
elected  at  large  and  the  whole  county  were  his  constituency. 

Closely  related  to  this  point  is  the  argument  that  mem- 
bers of  such  a  board  ^\dll  be  very  conscious  of  their  responsi- 
bility to  a  small,  alert  constituency,  jealous  of  its  own 
advantage  and  much  inclined  to  bring  pressure  to  bear 
upon  its  representative  in  order  to  induce  him  to  carry 
through  measures  to  the  advantage  of  his  community. 
Men  elected  at  large  it  is  said  are  not  conscious  of  responsi- 
bihty  to  any  particular  group,  and  on  the  other  hand  are 
not  subjected  to  the  scrutiny  that  is  so  often  brought  to 
bear  upon  a  member  by  the  residents  of  his  township. 

Furthermore,  the  large  board  of  supervisors  is  necessarily 
dehberative  in  its  methods,  there  is  less  chance  of  a  large 
group  being  led  into  error,  and  less  likelihood  of  embarking 
upon  ill-advised  projects.  That  the  large  body  is  slow 
there  can  be  no  doubt,  and  if  delay  and  long  deliberation 
are  desirable  in  the  administration  of  county  affairs  the 
large  board  of  supervisors  would  certainly  serve  the  pur- 
pose better  than  a  small  commission. 

And  finally  there  is  invariably  advanced  the  argument 
that  it  is  more  difficult  to  corrupt  a  large  board  than  it  is  a 
small  one. 

Disadvantages  of  Large  Board. — Most  of  these  argu- 
ments continue  to  persist  and  are  seriously  advanced 
although  there  is  some  doubt  as  to  whether  they  have  much 
foundation  in  fact.  But  they  are  vigorously  enlarged  upon 
every  time  any  move  is  made  to  do  away  with  the  township- 
county  or  supervisor  type  of  local  government  organization. 
The  disadvantages  of  this  type— characterized  as  it  is  by 
the  relatively  large  board  of  supervisors — are  rather  ob- 
vious. The  large  board  is  likely  to  be  unwieldy  and  slow, 
and  actually  unresponsive  to  public  opinion  in  spite  of  the 
fact  that  members  are  in  a  sense  closer  to  their  constitu- 


68  COUNTY  AND  TOWNSHIP  GOVERNMENT 

encies.  The  very  fact  that  so  many  differing  opinions 
find  expression  in  the  board  meetings  makes  it  exceedingly 
difficult  to  agree  upon  any  one  project.  Deadlocks  not 
infrequently  occur  and  highly  worthy  projects  are  thrown 
into  the  discard  or  allowed  to  lie  in  abeyance  simply  be- 
cause board  members  cannot  agree  upon  some  details 
which  may  be  of  distinctly  minor  importance. 

Again,  petty  local  interests  will  be  advanced  and  occupy 
a  great  deal  of  time  and  attention  when  matters  of  greater 
importance  to  the  county  as  a  whole  ought  to  be  occupying 
the  attention  of  the  board.  Members  are  likely  to  be  so 
insistent  upon  carrying  through  programmes  that  will  work 
to  the  particular  advantage  of  their  own  townships  that 
effective  cooperation  in  the  interests  of  all  cannot  be  ac- 
complished. Each  member  is  likely  to  want  roads  in  his 
township  improved,  to  want  the  county  institutions  so 
placed  as  to  suit  his  constituents,  and  to  be  constantly 
jealous  of  tax  assessments.  Such  a  conflict  of  interests  is 
not  likely  to  result  in  the  best  kind  of  administration. 
This  situation  is  likely  to  promote  the  ever-present  evil 
known  as  log-rolling,  each  member  agreeing  to  support  the 
programmes  of  his  colleagues  as  a  matter  of  reciprocity. 

The  large  board  of  course  results  in  the  diffusion  of 
responsibility.  This  is  bound  to  be  the  case  whenever  a 
large  group  undertakes  to  exercise  any  function.  The 
group,  as  a  group,  is  responsible,  and  the  individual  member 
loses  his  identity — he  cannot  be  held  in  any  sense  ac- 
countable for  the  acts  of  the  group. 

The  large  board  as  an  institution  of  government  is  more 
expensive  to  maintain  than  a  small  board,  and  this  argu- 
ment might  have  some  weight  in  the  final  balance.  But 
the  most  potent  argument  of  all  against  the  large  board  of 
supervisors  is  that  the  functions  of  county  boards  come  to 
be  more  and  more  each  year  pure  administrative  functions, 


TYPES  OF  LOCAL  GOVERNMENT  69 

rather  than  legislative,  and  it  is  an  axiom  of  political 
science  that  the  smaller  the  group  the  more  eflEicient  will 
be  administration.  Indeed  administrative  functions  can 
be  carried  on  best  when  responsibility  is  concentrated  in 
the  hands  of  a  single  individual.  Small  boards  and  com- 
missions can  also  function  successfully  as  administrative 
organs,  but  the  large  board  is  utterly  unfitted  to  supervise 
administration. 

If  the  county  enjoyed  any  broad  legislative  powers  it 
would  be  highly  desirable  to  maintain  a  large,  deliberative 
body  to  dehberate  upon  the  legislative  measures  and  de- 
termine policies.  But  each  decade  witnesses  a  decline  in 
the  number  of  legislative  functions  exercised  through  in- 
stitutions of  local  government,  and  although  a  large  measure 
of  discretion  is  still  reposed  in  county  officers  their  func- 
tions are  essentially  administrative  rather  than  legislative, 
and  the  situation  demands  institutions  or  organs  of  gov- 
ernment that  are  fit  to  carry  on  administration  rather 
than  to  legislate. 

Merits  of  Small  Board. — Arguments  in  favor  of  and 
against  the  type  of  organization  existing  in  the  South- 
Central  group  of  states  where  the  county-township  or 
commissioner  system  prevails  are  but  adaptations  of  the 
arguments  advanced  for  and  against  the  board  of  super- 
visors found  in  the  North-Central  group.  The  board  of 
commissioners  in  the  states  where  townships  are  not 
represented  upon  the  board  usually  consists  of  from  three 
to  seven  members  elected  at  large.  It  is  thus  much  better 
adapted  to  the  handling  of  administrative  work,  and  likely 
to  be  much  more  effective  and  efficient  than  the  larger 
board.  A  small  Ijoard  can  be  called  together  frequently  to 
dispose  of  pending  business  with  dispatch.  It  is  much 
more  likely  than  the  larger  board  to  be  adaptive  to  new 
circumstances,  and  inclined  to  embrace  new  and  eflective 


70  COUNTY  AND  TOWNSHIP  GOVERNMENT 

methods  of  administration.  In  the  small  board  there  is 
not  the  necessity  for  unsatisfactory  compromising  and 
log-rolling,  as  there  are  not  so  many  divergent  interests  to 
be  adjusted.  And  lastly,  responsibility  would  be  more 
nearly  centralized  in  a  small  board  of  men. 

The  objections  to  the  small  board  are  largely  theoretical. 
It  is  insisted  that  a  small  board  of  men  elected  at  large 
cannot  be  so  truly  representative  as  a  board  of  men  com- 
ing from  definite,  small  constituencies.  The  inhabitants 
of  the  various  localities  would  have  no  personal  representa- 
tive on  the  board,  too  great  power  is  vested  in  the  hands  of 
a  few  men,  and  a  small  group  is  easily  corrupted. 

Summary. — A  survey  has  now  been  made  of  the  four 
characteristic  types  of  local  government  organization  in 
the  United  States  to-day,  and  the  relative  merits  and 
demerits  of  each  have  briefly  been  discussed.  The  four 
types  are  in  general  to  be  associated  with  four  more  or 
less  well-defined  geographical  areas:  i.  Six  states  in  the 
New  England  group  where  the  town  type  exists  and  the 
county  is  relatively  unimportant.  2.  Twenty-five  states 
in  the  Southern  and  Far  Western  group  where  there  are 
no  townships  and  the  county  is  all-important.  3.  Six  states 
in  the  so-called  North- Central  group  where  a  township- 
county  combination  exists  which  emphasises  the  im- 
portance of  the  township,  and  is  characterized  by  a  repre- 
sentative county  board  of  supervisors.  4.  Eleven  states 
in  the  so-called  South-Central  group,  where  a  county- 
township  combination  exists  which  minimizes  the  im- 
portance of  the  township  and  is  characterized  by  a  small 
board  of  county  commissioners. 

Types  of  Board  Classified. — It  is  possible  to  go  a  few 
steps  further  in  an  attempt  to  generalize  about  county 
organization  throughout  the  United  States.  Several 
distinct  types  of  county  board  are  to  be  found  even  among 


TYPES  OF  LOCAL  GOVERNMENT  71 

states  that  all  fall  within  one  of  the  four  areas  enumerated 
above.  These  types  of  county  board  are  well  defined,  but 
it  is  quite  impossible  to  associate  them  with  any  distinct 
geographical  areas,  and  no  attempt  will  be  made  to  do  so. 

1.  In  certain  of  the  states  a  relatively  large  board  of 
supervisors  is  to  be  found.  They  are  the  six  states  enumer- 
ated above  as  falling  in  the  North-Central  group,  plus  two 
more, — Delaware  and  Virginia.  In  these  two  states  the 
county  board  is  composed  of  a  relatively  large  number  of 
men  chosen  from  districts;  for  there  are  no  townships. 
Thus  there  are  eight  states  with  this  type  of  board.* 

2.  There  are  four  states  where  the  county  board  is 
composed  of  the  county  judge  plus  the  justices  of  the 
peace  within  the  county.  This  frequently  means  that  the 
board  is  relatively  large. f 

3.  In  three  states  the  county  board  is  composed  of  the 
county  judge  sitting  with  two  or  four  popularly  elected 
laymen.  I 

4.  In  five  of  the  states  the  county  board  is  most  irreg- 
ular in  its  composition. §  In  Connecticut  it  is  composed 
of  three  commissioners  appointed  by  the  legislature.  In 
Georgia  special  boards  are  created  by  the  legislature  for 
special  purposes,  such  as  Boards  of  Commissioners  of  Roads 
and  Revenues.  In  Rhode  Island  there  is  no  county  board 
and  the  sheriffs,  who  are  the  principal  county  officers,  are 
named  by  the  legislature.  In  Vermont  the  county  judge 
and  two  assistant  judges  compose  the  county  board.  And 
in  Louisiana  there  are  no  counties  at  all;  but  in  each  parish 
there  is  a  Police  Jury  composed  of  a  police  juror  elected 
from  each  ward. 

5.  The  remaining  twenty-eight  states,  scattered  from 
Maine  to  California  and  from  Washington  to  Florida,  have 

*  Del.,  111.,  Mich.,  Neb.,  N.  J.,  N.  V.,  Va.,  Wis.  f  Ark.,  Ky., 

Mo.,  Tenn.  J  .Ma.,  Ore,  Tex.  §  Conn.,  Ga.,  La.,  R.  I.,  Vt. 


72  COUNTY  AND  TOWNSHIP  GOVERNMENT 

small  boards  of  county  commissioners  of  from  three  to 
seven  members;  and  the  smaller  number  is  to  be  found  most 
frequently.* 

Tendencies  Affecting  Local  Government.— In  the  light 
of  this  discussion  of  these  types  of  local  government  or- 
ganization it  is  pertinent  to  inquire  if  there  is  to  be  ob- 
served any  marked  tendency  throughout  the  United  States 
to  adopt  any  one  type.  Are  there  any  indications  whatever 
that  uniformity  in  type  of  organization  may  come  about? 

As  a  matter  of  fact  it  is  natural  to  suppose  that  any- 
thing Hke  uniformity  never  will  be  attained.  Local  condi- 
tions are  Hkely  to  prevent  that.  But  there  are  to  be  ob- 
served certain  tendencies  concerning  local  government  that 
are  practically  universal,  and  a  survey  of  them  may  give 
some  intimation  as  to  what  the  future  may  bring  forth. 

There  is  to  be  noted  in  the  first  place  a  very  decided 
preference  for  the  small  board  of  county  commissioners 
popularly  elected  at  large.  More  than  half  of  the  states 
have  this  type  of  county  board  already,  and  many  of  the 
remaining  states  have  small  boards,  but  they  are  composed 
in  irregular  ways.  The  presence  of  a  small  board  of  county 
commissioners  does  not  necessarily  involve  the  abolition 
of  the  township;  but  on  the  other  hand  it  seems  to  lead 
to  a  more  or  less  complete  assumption  of  control  over 
most  of  the  functions  of  local  government  on  the  part 
of  county  officers.  Furthermore  there  is  so  much  to  be 
said  m  favor  of  having  a  small  board  to  administer  county 
affairs,  instead  of  a  large  board,  that  the  tendency  is  in 
favor  of  that  system  even  where  the  township  is  still  an 
important  factor  in  local  government. 

Closely  related  with  this  tendency  is  what  may  be  called 

*  Ariz.,  Calif.,  Colo.,  Fl.,  Idaho,  Ind.,  Iowa,  Kans.,  Maine,  Md.,  Mass., 
Minn.,  Miss.,  Mont.,  Nev.,  N.  H.,  N.  Mex.,  N.  C,  N.  D.,  Ohio,  Okla., 
Penn.,  S.  C,  S.  D.,  Utah,  Wash.,  W.  Va.,  Wyo. 


TYPES  OF  LOCAL  GOVERNMENT  73 

the  gradual  degeneration  of  the  township  as  an  area  for 
local  self-government.  Each  decade  witnesses  a  further 
decline  in  the  importance  of  the  township,  and  the  taking 
away  of  control  over  various  matters.  In  one  state  it 
may  be  that  the  township  loses  control  over  school  affairs, 
in  another  it  may  be  highways  that  are  taken  from  its 
jurisdiction,  and  very  rapidly  the  townships  are  losing 
control  over  the  function  of  caring  for  the  poor  and  other 
dependents.  The  process  still  goes  on  until  it  may  be, 
within  the  course  of  a  few  decades,  that  the  township  will 
be  nothing  but  an  empty  shell,  with  very  little  of  importance 
left  to  do. 

This  situation  of  course  grows  out  of  another  tendency, 
which  is,  that  public  interest  in  local  affairs  generally  is 
falling  to  a  rather  low  ebb.  The  population  in  these  areas 
is  no  longer  so  homogeneous  as  it  was.  The  inhabitants 
are  not  so  much  interested  in  the  prerogatives  of  local 
self-government  as  they  are  in  efficiency.  They  are  not 
possessed  of  any  very  active  desire  to  take  part,  person- 
ally, in  the  control  of  local  affairs,  but  rather  simply  want 
things  done  and  done  well.  The  public  no  longer  fears 
for  democracy — although  demagogues  do  their  best  to 
keep  prejudice  alive, — but  is  keenly  interested  in  securing 
effective  and  businesslike  methods  of  administration. 
This  tendency  of  the  public  mind  is  sure  to  have  a  very 
profound  effect  upon  the  future  of  local  government  or- 
ganization. 

Another  phase  of  this  same  tendency  is  that  the  public 
usually  looks  directly  to  the  state  government  to  launch 
broad  progressive  programmes  in  the  interests  of  public  wel- 
fare. The  state  is  called  upon  to  carry  out  programmes  look- 
ing to  the  betterment  of  public  health  and  sanitation 
methods.  The  state  is  called  upon  to  build  up  a  school 
system  that  will  square  with  modem  standards.    High- 


74  COUNTY  AND  TOWNSHIP  GOVERNMENT 

grade  cross-state  roads  are  wanted,  state  institutions 
for  the  care  of  different  types  of  dependents  are  springing 
up.  In  some  states  elaborate  park  systems  and  forest 
preserve  projects  are  under  way,  or  now  in  contemplation. 

Each  step  in  this  general  direction  taken  by  the  state 
government  is  Hkely  to  involve  more  or  less  an  invasion 
of  the  prerogatives  of  the  county  and  the  township.  But 
the  tendency  is  very  pronounced,  and  regularly  each 
decade  the  state  governments  make  heavy  inroads.  The 
public  has  become  impatient  with  duplication  of  function 
in  neighboring  townships  and  counties,  impatient  with 
hand-to-mouth  methods  and  ineffective  policies  administered 
through  the  instrumentality  of  local  officials.  There 
has  been  a  lack  of  harmony  and  absence  of  common  stand- 
ards that  has  aroused  public  sentiment  to  thoroughgoing 
disgust.  All  this  is  bound  to  have  a  pronounced  effect  upon 
local  government  organization  and  functions  of  the  future. 

Another  tendency  is  to  develop  county  machinery  to  a 
point  where  the  county  is  in  a  position  to  perform  all  of 
the  functions  lately  carried  on  by  the  townships,  and  the 
manifest  unwisdom  of  maintaming  two  systems  of  govern- 
ment adequate  to  carry  on  identical  functions  becomes 
more  and  more  obvious.  The  proper  solution  of  the  problem 
is  to  give  the  county  full  control  and  allow  the  townships 
to  continue  to  exist  as  mere  administrative  districts  for 
the  purpose  of  exercising  county  functions.  This  naturally 
involves  a  great  decline  in  the  importance  of  township 
government. 

All  of  these  tendencies  grow  out  of  a  more  fundamental 
tendency  which  lies  at  the  base  of  all  of  them.  There  has 
been  going  on  a  gradual  decay  of  the  sense  and  spirit  of 
unity  that  once  upon  a  time  was  such  a  potent  factor  in 
molding  the  forms  of  local  government.  The  sense  of 
economic  unity  is  gone;  the  people  of  a  given  small  com- 


TYPES  OF  LOCAL  GOVERNMENT  75 

munity  no  longer  pretend  to  maintain  anything  like  eco- 
nomic autonomy.  Commercial  and  industrial  intercourse 
have  been  developed  to  such  a  point  through  the  instru- 
mentaHty  of  new  modes  of  transportation  and  wire  com- 
munication that  whole  great  areas  are  now  economically 
interdependent.  And  this  breaks  down  local  autonomy. 
Thus  the  powerful  economic  tie  that  bound  men  together 
in  local  government  areas  has  all  but  disappeared. 

The  sense  of  religious  unity  disappeared  long  ago. 
Geographic  factors  are  no  longer  of  much  consequence 
because  of  the  artificial  means  of  overcoming  the  influence 
they  might  otherwise  exert.  With  the  stratification  of 
society  that  comes  with  the  development  of  industry  and 
education,  with  foreign  immigration  and  the  rapid  special- 
ization and  division  of  function  as  between  groups  of  men, 
the  social  and  cultural  ties  have  been  weakened  greatly. 
All  these  factors  were  tremendously  potent  in  the  vast 
composition  of  forces  which  gave  rise  to  institutions  of 
local  government  and  kept  them  intact  throughout  three 
centuries.  Now  they  are  breaking  down,  and  the  fact 
cannot  but  have  a  profound  influence  upon  the  future  of 
local  government. 

A  survey  of  these  considerations  leads  to  the  belief  that 
a  certain  degree  of  uniformity  in  type  of  local  government 
organization  may  be  expected,  just  as  there  is  to  be  found 
a  very  decided  uniformity  in  type  of  state  governments. 
However,  in  this  connection  it  should  be  added  that  in- 
stitutions of  local  government  are  very  much  more  suscepti- 
ble to  social  and  economic,  and  other  such  factors,  than 
are  the  state  governments.  Thus  while  the  state  govern- 
ments of  Maine,  Georgia,  and  Oregon  might  be  substanti- 
ally alike,  it  will  not  be  at  all  surprising  if  institutions  of 
local  government  in  three  such  widely  separated  states 
always  remain  substantially  different. 


CHAPTER  V 

THE  LEGAL  STATUS  OF  THE  COUNTY  AND  THE 
TOWNSHIP 

Counties  and  Townships  are  Creatures  of  the  State. — 

Notwithstanding  the  variations  in  type  of  township  and 
county  organization,  the  legal  status  of  these  two  units  is 
much  the  same  everywhere.  In  a  word  they  are  both 
creatures  of  the  state  government  in  which  they  are  found. 
Subject  only  to  the  state  constitutional  restrictions,  the 
state  legislature  is  everywhere  competent  to  control  the 
county  and  the  township  in  every  particular.  They  may 
be  swept  away  entirely,  or  new  ones  may  be  created. 
Old  ones  may  be  consolidated  and  readjustments  of  county 
and  township  lines  may  be  undertaken  to  any  extent  by 
the  legislature,  unless  the  state  constitution  forbids.  Even 
in  the  older  portions  of  the  United  States, — in  New  England 
indeed, — there  are  unorganized  areas  which  from  time  to 
time  are  marked  out  into  counties  and  towns  quite  at  the 
will  of  the  state  legislature. 

So  it  may  be  said  that  to-day,  everywhere,  the  county 
and  the  township  are  created  by,  or  exist  on  sufferance  of, 
the  state  in  which  they  are  to  be  found.  They  do  not 
have  any  claim  to  existence  that  can  be  defended  in  law, 
although  there  have  been  cases  in  which  New  England 
towns  have  attempted  to  defend  themselves  against  en- 
croachments by  the  state  government  upon  what  they 
have  been  pleased  to  call  their  inherent  prerogatives.* 
Furthermore,  both  the  county  and  the  township  enjoy 
*  Eaton,  "Right  to  Local  Government,"  Harvard  Law  Review,  XIII,  441. 

76 


LEGAL  STATUS  OF  COUNTY  AND  TOWNSHIP  77 

only  enumerated  and  delegated  powers.  Their  power  is 
specifically  delegated  to  them  through  state  law,  either 
constitutional  or  statute,  and  the  enumeration  of  powers 
is  to  be  found  in  more  or  less  detail  in  the  law  which  bestows 
them.  In  this  respect  institutions  of  local  self-government 
exhibit  some  degree  of  similarity  to  the  federal  govern- 
ment itself,  in  contrast  to  the  state  governments. 
The  state  governments  in  legal  theory  enjoy  an  unlimited 
residual  and  inherent  power — namely,  all  political  power 
which  is  not  specifically  denied  to  them  by  the  federal 
constitution.  The  federal  government,  on  the  other  hand, 
does  not  enjoy  any  such  residuum  of  power  but  only 
those  specific  and  enumerated  powers  which  arc  delegated 
to  it  through  the  federal  constitution.  In  this  respect 
counties  and  townships  resemble  the  federal  government, 
enjoying  only  those  specific  powers  delegated  to  them, 
usually  by  the  state  legislatures. 

The  state  government  is  furthermore  in  a  position  to 
determine  the  character  and  structure  of  the  government 
machinery  in  the  counties  and  the  townships.  The  various 
officers,  their  mode  of  selection  and  their  duties  are  all 
determined  by  the  state  constitution  or  by  acts  of  the 
state  legislature.  Offices  may  be  abolished  or  created  at 
the  will  of  the  state,  and  functions  may  be  transferred 
from  the  hands  of  one  officer  to  the  hands  of  another.  The 
fact  that  there  is  not  greater  variation  in  type,  and  more 
arbitrary  juggling  with  local  institutions  is  due  partly  to 
state  constitutional  limitations  but  more  to  the  good  sense 
of  legislators  and  the  strength  of  custom. 

Limitations  upon  the  State  Legislature. — As  a  matter 
of  fact,  however,  legislatures  do  not  enjoy  as  extensive 
control  over  institutions  of  local  government  as  these 
statements  might  suggest.  It  is  the  state  as  an  entity 
that  has  the  broad  control,  and  this  control  may  be  ex- 


78  COUNTY  AND  TOWNSHIP  GOVERNMENT 

ercised  through  two  distinct  channels:  one  is  through  con- 
stituent assembhes  which  write  the  constitutions,  the  other 
is  through  legislatures  which  enact  the  statutes.  Years  of 
experience  have  taught  statesmen  that  it  is  wise  to  inter- 
pose certain  restrictions  on  the  power  of  legislatures  to 
tamper  with  local  government.  Thus  it  is  that  there  are 
to  be  found  certain  definite  limitations  of  about  the  same 
character  in  most  of  the  state  constitutions. 

/.  May  Not  Alter  County  Lines. — It  is  customary  for 
instance  to  forbid  the  legislature  to  alter  county  lines. 
This  limitation  was  not  found  in  early  constitutions  and 
indeed  was  not  necessary  or  desirable  in  the  early  periods 
of  settlement.  When  population  was  very  sparse,  and  men 
could  not  foresee  the  flood  of  pioneers  that  came  in  later 
days  to  populate  the  western  territories,  it  could  not  have 
been  expected  that  territorial  legislatures,  or  early  state 
legislatures,  would  create  counties  small  enough  to  suit 
the  needs  of  later  times.  Large  counties  that  might  have 
been  created  in  a  state  west  of  the  Mississippi  in  the  fifties 
for  instance  would  not  be  quite  suitable  for  the  immensely 
larger  population  that  appeared  a  few  years  later.  It 
became  desirable  to  cut  the  large,  sparsely  populated 
counties  down  and  divide  them  up  into  smaller  counties, 
and  it  would  have  been  exceedingly  inconvenient  had  the 
legislatures  been  tied  by  constitutional  provisions  that 
would  have  prevented  the  making  of  these  changes  as  the 
growth  of  population  made  them  desirable. 

However,  sooner  or  later  each  state  established  a  system 
of  counties  of  approximately  equal  area,  though  not  of  equal 
population,  and  it  has  been  deemed  altogether  desirable 
that  for  the  most  part  these  counties  should  remain  as 
they  are,  regardless  of  the  shif tings  of  population.  County 
lines  might  possibly  be  moved  for  political  reasons,  to 
promote  party  advantage,  to  hamper  the  activity  of  pro- 


LEGAL  STATUS  OF  COUNTY  AND  TOWNSHIP  79 

gressive  ofl&cers  in  certain  counties,  or  to  remove  certain 
areas  from  their  jurisdiction.  The  temptations  might  be 
numerous  and  if  it  were  a  common  practice  to  alter  county 
lines  through  legislative  act  from  time  to  time  gross  abuse 
could  very  well  develop,  which  might  lead  to  log-rolHng 
and  bargaining  of  a  disgraceful  sort.  To  permit  legisla- 
tures to  go  further  than  merely  to  alter  county  lines,  and 
actually  to  abolish  counties  or  create  new  ones,  would 
merely  magnify  the  opportunities  for  abuse.  So  for  these 
reasons  it  has  been  the  almost  universal  practice  in  recent 
years  to  deny  to  the  legislature  the  right  freely  to  alter 
county  lines. 

But  in  order  to  obviate  the  necessity  of  amending  the 
constitution  whenever  it  does  become  desirable  to  change 
county  lines  the  legislature  may  be  permitted  to  do  so 
through  special  procedure  involving  certain  checks  and 
safeguards.  Thus  in  some  of  the  states  county  lines  may 
be  altered  only  by  a  two-thirds  vote  of  both  houses  of  the 
legislature.  Again,  the  legislature  may  make  the  alterations 
provided  that  they  do  not  result  in  reducing  the  size  of 
any  county  below  a  fixed  minimum  number  of  square 
miles,  or  provided  that  such  alterations  do  not  result  in 
leaving  any  county  with  a  population  below  a  fixed  mini- 
mum. Or  the  constitution  may  forbid  the  altering  of 
county  lines  in  such  a  way  that  any  boundary  of  a  county 
will  be  nearer  than  a  fixed  number  of  miles  from  the  county 
seat.  And  it  is  also  customary  to  require  a  referendum 
vote  in  the  counties  to  be  affected  by  the  change  before 
any  alteration  of  boundaries  can  be  made. 

But  there  is  a  still  more  important  point  to  be  con- 
sidered in  this  connection  than  any  that  has  so  far  been 
mentioned.  It  is  that  counties  are  in  many  states  the 
units  of  representation  in  the  lower  chamber  of  the  state 
legislative  assembly,  and  the  opportunity  to  gerrymander 


Bo  COUNTY  AND  TOWNSHIP  GOVERNMENT 

the  state  from  time  to  time,  involving  the  dislocation  of 
county  lines,  ought  not  to  be  left  open  to  state  legislatures. 

But  there  is  something  to  be  said  in  general  against 
this  practice  of  permitting  the  counties  to  serve  as  repre- 
sentative districts.  Such  districts  ought  to  be  marked  out 
according  to  population,  just  as  are  the  congressional 
districts,  and  from  one  point  of  view  it  should  be  easily 
possible  to  alter  the  district  lines  appropriately  after  each 
census  in  order  that  the  districts  can  be  made  to  conform 
to  the  fluctuations  of  population.  At  present  that  can 
only  be  done  by  changing  county  lines. 

In  spite  of  the  fact  that  counties  are  very  frequently 
representative  districts  they  are  laid  out  with  no  regard  to 
population,  and  since  it  is  very  undesirable  that  county 
lines  should  be  changed  frequently  a  compromise  is  often 
effected  in  order  to  obviate  the  grossest  inequities  when  one 
county  exceeds  by  a  large  margin  the  population  in  other 
counties.  This  is  accomplished  by  giving  the  densely 
populated  counties  a  certain  measure  of  extra  representa- 
tion. But  such  a  step  is  merely  a  compromise,  not  a  real 
solution  of  the  problem.  Thus  so  long  as  county  lines 
and  representative  district  lines  continue  to  be  coterminous 
the  problem  of  shifting  either  of  them  will  be  more  or  less 
complicated  and  it  is  thought  well  to  prohibit  the  legisla- 
ture from  doing  it.  This  means,  of  course,  that  any  change 
in  representative  district  lines  must  be  secured  through 
amendments  to  the  state  constitution,  or  by  some  such 
special  process  as  has  been  described  above. 

Prohibition  upon  the  legislature  in  the  matter  of  changing 
county  lines  does  not  ordinarily  extend  to  township  lines. 
The  same  complications  do  not  arise  in  this  connection  and 
it  is  not  so  serious  a  matter  to  upset  township  jurisdictions, 
particularly  in  those  states  where  the  township  has  come 
to  occupy  a  relatively  unimportant  position.      Oftentimes 


LEGAL  STATUS  OF  COUNTY  AND  TOWNSHIP  8 1 

indeed  county  authorities  have  the  right  to  alter  township 
lines  within  their  counties,  and  do  so  from  time  to  time  as 
the  movement  of  population  and  the  exigencies  of  the 
moment  seem  to  require.  Particularly  is  this  true  in 
counties  that  are  still  very  sparsely  populated.  As  the 
population  does  increase  it  becomes  desirable  to  estabhsh 
township  government,  and  this  is  done  on  the  motion  of 
county  authorities. 

2.  Cannot  Move  County  Seat. — A  second  limitation 
upon  legislatures  in  their  power  over  institutions  of  local 
self-government  is  found  in  may  constitutions,  and  forbids 
the  legislature  to  change  the  county  seat  from  one  place 
to  another.  Whenever  a  county  is  created  some  certain 
city  or  village  is  denominated  the  county  seat.  At  this 
place  the  courthouse  is  erected,  in  which  sessions  of  the 
court  are  regularly  held.  The  jail  is  also  located  at  this 
place  and  all  of  the  county  officers  are  ordinarily  expected 
to  maintain  their  offices  in  the  courthouse.  However,  it 
should  be  noted  that  county  hospitals,  poorhouses  and 
other  institutions  need  not  be  located  at  the  county  seat. 

With  the  shiftings  of  population  and  the  development  of 
new  centers  of  social  and  economic  intercourse,  it  not 
infrequently  seems  desirable  to  change  the  county  seat, 
in  spite  of  the  fact  that  such  a  move  involves  considerable 
expense  and  no  httle  inconvenience  to  many  people.  In 
those  states  where  legislatures  have  been  free  to  make  these 
changes  at  will  there  have  been  evidences  of  considerable 
chicanery  and  juggling  for  political  advantage,  prompted 
by  ulterior  motive.  But  whatever  the  cause,  it  will  be 
found  to-day  that  most  state  legislatures  find  themselves 
forbidden  to  change  county  scats  arbitrarily.  Sometimes 
it  is  made  posisble  to  make  the  change  following  a  refer- 
endum vote  of  the  people  in  the  county  concerned.  In  a 
few  counties,  two  county  seats  arc  to  be  found,  the  obvious 


82  COUNTY  AND  TOWNSHIP  GOVERNMENT 

result  of  compromise  between  opposing  factions.  But  when 
this  is  the  case  it  is  found  that  one  of  the  cities  is  the  place 
where  most  of  the  county  officers  have  their  offices,  while 
the  other  is  merely  another  place  for  holding  court;  thus 
the  court  may  divide  its  time  in  such  counties  between  the 
two. 

3.  May  Not  Abolish  Popular  Election  of  Officers. — 
Another  constitutional  hmitation  upon  state  legislatures 
which  has  grown  out  of  the  experience  of  the  past  is  that 
which  forbids  them  to  dispense  with  the  popular  election 
of  local  government  officials.  Such  a  prohibition  as  this 
is  particularly  significant  in  that  it  helps  to  protect  the 
areas  of  local  self-government  from  becoming  pure  ad- 
ministrative districts. 

If  it  were  possible  for  state  legislatures,  at  one  stroke, 
to  do  away  with  the  popular  election  of  local  officials,  and 
to  fill  offices  with  incumbents  appointed  by  the  governor,  or 
by  the  legislature,  the  counties  and  townships  would  be 
very  close  to  losing  what  semblance  they  still  have  of 
being  areas  for  local  self-government.  The  principal  char- 
acteristics they  still  possess  that  serve  to  make  them  true 
areas  for  local  self-government  are:  first,  the  right  to  elect 
their  own  officers — officers  who  are  not  to  be  accountable  to 
superiors;  and  second,  the  right  to  determine  policies  and 
programmes  and  ways  and  means  of  executing  them. 

The  tendency  of  the  state  to  rob  the  townships  and 
counties  of  this  second  prerogative  has  already  been  noted, 
and  if  local  govenmient  officials  were  to  be  appointed  by 
central  authorities  the  last  bare  form  of  self-government 
would  almost  have  disappeared  and  the  counties  and  the 
townships  would  be  nothing  but  pure  administrative  dis- 
tricts. So,  although  there  has  not  been  very  much  danger 
in  the  last  few  decades  of  state  legislatures  doing  away  with 
popular  election  of  local  officials,  even  if  they  had  the 


LEGAL  STATUS  OF   COUNTY  AND  TOWNSHIP  8^ 

power,  the  prohibition  which  is  found  in  modern  state  con- 
stitutions does  have  considerable  significance. 

It  must  not  be  assumed,  however,  that  all  county  officers 
are  thus  protected,  or  even  that  most  of  them  are  protected 
in  a  majority  of  the  states.  But  the  state  constitution  does 
frequently  protect  the  more  important  county  officers  by 
providing  in  the  body  of  the  constitution  itself  that  these 
officers  shall  be  elected  by  the  people.  IMembers  of  the 
county  board  are  thus  protected  in  a  large  majority  of 
the  states,  and  the  public  prosecutor  and  the  sheriff  are 
also  verj'  likely  to  be  made  elective  officers  by  the  con- 
stitution itself.  IMany  times  the  treasurer,  the  clerk,  the 
recorder  and  some  others  are  thus  protected,  but  the  prac- 
tice is  by  no  means  so  general  as  regards  these  less  important 
officers.  However,  some  limitation  of  this  type  is  to  be 
found  in  ever^-  constitution,  and  in  so  far  as  the  constitu- 
tion provides  for  the  popular  election  of  any  county  officers, 
just  so  far  is  the  legislature  prevented  from  making  those 
officers  appointive.  If  the  constitution  is  silent  the  legis- 
lature is  free  to  make  an  officer  appointive. 

There  is  more  agitation  at  the  present  time  than  there 
has  ever  been  before,  for  the  reform  of  county  government 
in  such  a  way  as  to  have  the  principal  officers  appointed 
and  made  responsible  to  central  authorities.  There  is 
much  to  be  said  in  favor  of  this,  and  the  subject  will  be 
taken  up  at  some  length  later  in  this  volume,  but  it  is 
doubtful  if  all  of  those  who  are  behind  the  movement  with 
such  enthusiasm  really  appreciate  the  fact  that  it  may 
mean  the  death  knell  of  local  self-government. 

4.  May  not  Abolish  Offices  or  Reduce  Salaries. — Another 
limitation  which  usually  rests  upon  state  legislatures  in 
their  dealings  with  institutions  of  local  government  is 
that  which  forbids  them  to  abolish  offices  or  to  reduce 
salaries  during  the  term  of  an  officer  involved.    The  pur- 


84  COUNTY  AND  TOWNSHIP  GOVERNMENT 

pose  of  this  limitation  is  obvious.  Should  it  not  exist  any 
state  legislature  would  be  in  a  position  to  work  its  will 
upon  local  officials  by  threatening  to  reduce  their  salaries 
or  to  abolish  their  offices  altogether.  Legislatures  have 
been  known  to  stoop  to  such  devices,  and  it  is  highly  desir- 
able that  a  limitation  should  be  imposed  upon  them  in 
order  to  prevent  it. 

5.  May  not  Pass  Special  Legislation. — Still  another 
prohibition  upon  state  legislatures  is  that  which  is  intended 
to  prevent  the  enactment  of  special  legislation  designed 
for  the  advantage  or  disadvantage  of  one  or  a  few  counties. 
Were  this  limitation  not  to  be  found  in  the  constitution 
it  would  be  possible  for  the  legislature  to  discriminate  un- 
fairly and  to  confer  upon  certain  counties  various  privi- 
leges, Hberties,  and  powers  that  could  be  withheld  from 
others.  Certain  counties  might  be  allowed  to  build  in- 
stitutions such  as  hospitals  or  libraries  or  to  carry  on  new 
activities  that  might  seem  desirable  in  the  light  of  chang- 
ing conditions,  whereas  other,  less  favored  counties,  might 
ask  in  vain  to  be  permitted  to  enjoy  the  same  privileges. 

Again,  the  structure  of  county  government  might  not  be 
kept  uniform  if  legislatures  were  free  to  alter  conditions 
in  those  counties  where  they  saw  fit  to  change  them.  New 
fornis  of  government  might  be  permitted  to  some  favored 
counties  and  not  allowed  to  others.  And  if  counties  were 
made  to  suffer  under  such  discrimination  because  of  the 
party  complexion  of  the  county,  the  situation  would  be- 
come intolerable.  So  it  is  found  that  most  constitutions 
forbid  legislatures  to  pass  special  legislation  for  the  benefit 
or  disadvantage  of  particular  counties. 

The  difficulties  that  give  rise  to  the  need  of  special 
legislation  for  counties  are  not  so  numerous  or  so  acute  as 
the  difficulties  that  arise  in  connection  with  municipal 
legislation.     State   legislatures   are   usually   forbidden  to 


LEGAL  STATUS  OF  COUNTY  AND  TOWNSHIP  85 

pass  special  legislation  for  cities,  and  this  prohibition  is 
designed  to  prevent  favoritism  in  the  matter  of  control 
over  public  utilities,  the  granting  of  franchises,  and  the 
engaging  in  new  municipal  undertakings. 

But  sometimes  it  is  desirable  to  pass  special  legislation. 
All  cities  cannot  be  fitted  into  a  single  mold,  particularly 
when  variations  in  size  are  great.  Large  cities  require 
certain  powers  that  are  not  required  by  smaller  cities, 
and  it  is  desirable  that  certain  cities  be  pennitted  to 
undertake  new  programmes  that  ought  not  to  be  allowed  in 
others.  Seemingly  the  only  fair  basis  of  discrimination, 
however,  is  size,  and  so  it  is  that  cities  in  most  of  the 
states  are  now  grouped  according  to  their  population,  into 
three  or  more  classes.  Then  the  legislature  is  permitted 
to  pass  general  laws  applying  to  all  the  cities  within  a  group. 

This  device  has  served  to  prevent  the  worst  abuses  and 
the  grosser  sorts  of  discrimination  are  no  longer  possible  in 
a  majority  of  the  states.  But  it  should  be  mentioned  that 
each  year  uncovers  some  new  attempt  upon  the  part  of 
state  legislatures  to  circumvent  the  obvious  spirit  of  this 
constitutional  limitation  forbidding  special  acts.  Legisla- 
tures are  usually  left  free  to  determine  the  basis  of  classi- 
fication and  they  sometimes  do  so  in  such  a  way  that  only 
the  favored  city  will  fall  within  a  given  class.  Then  legisla- 
tion can  be  passed  ostensibly  applying  to  a  group  of  cities 
within  a  given  class  when  as  a  matter  of  fact  there  is  only 
one.* 

On  the  whole  this  constitutional  limitation  has  worked 
very  successfully,  in  spite  of  the  attempts  to  circumvent  it, 
and  the  idea  has  in  many  cases  been  adapted  to  the  same 
problem  in  connection  with  the  counties,  and  they  too  are 
now  protected  in  exactly  the  same  way  against  unfair 

*  I'".  E.  Horack,  "Special  Municipal  Lcj^islation  in  Iowa,"  American 
Political  Science  Review,  XIV,  423. 


86  COUNTY  AND  TOWNSHIP  GOVERNMENT 

discrimination.  Yet  even  where  this  protection  does  not 
exist  there  has  not  developed  the  tendency  to  discriminate 
as  between  counties  to  their  disadvantage  as  was  the  case 
with  cities.  However,  in  recent  years  the  more  populous 
counties  have  sought  permission  to  engage  in  activities 
that  are  not  suitable  for  rural  counties.  Thus  they  have 
sought  power  to  build  and  maintain  general  hospitals,  to 
build  and  maintain  elaborate  parks,  to  carry  out  drainage 
projects  and  various  large  undertakings,  and  special  power 
to  do  these  things  has  been  needed.  The  problem  has  been 
solved  by  classifying  counties  according  to  population  and 
bestowing  the  necessary  power  upon  those  few  which  ought 
to  have  it.  So,  in  many  states  even  where  the  legislature  is 
prevented  by  constitutional  Hmitation  from  passing  special 
legislation  dealing  with  areas  of  local  government,  this 
special  device  has  been  exploited  to  very  good  advantage. 
6.  Minor  Limitations  on  Power  of  Legislature. — These  are 
about  the  only  constitutional  limitations  resting  upon  the 
legislature  which  can  be  considered  general,  that  is, — found 
in  a  large  proportion  of  the  states.  Of  course  it  is  to  be 
expected  that  in  this  period  of  political  experimentation 
numerous  idiosyncrasies  affecting  local  government  would 
crop  out  in  the  newer  state  constitutions.  But  they  are  for 
the  most  part  of  minor  importance  and  an  account  of  them 
would  but  promote  confusion  without  serving  any  impor- 
tant end.  The  borrowing  power  of  counties  is  often  Hmited 
in  the  constitution  just  as  the  borrowing  power  of  cities  and 
the  legislature  is  limited.  Counties  are  forbidden  to  go 
into  debt  beyond  a  certain  fixed  sum,  or  the  Umit  is  fixed 
relative  to  the  value  of  the  property  within  the  limits  of 
the  county.  The  tax  rate  which  may  be  imposed  by  county 
boards  is  also  fixed.  The  county  is  frequently  forbidden  to 
become  a  stockholder  in  any  corporation,  and  there  are 
various  other  limitations  that  need  not  be  enumerated. 


LEGAL  STATUS  OF  COUNTY  AND  TOWNSHIP  87 

Viewed  all  together  these  limitations  on  the  power  of 
legislatures  to  deal  with  areas  of  local  government  may 
seem  rather  formidable.  But  when  it  is  remembered  that 
the  legislature  is  still  in  a  position  to  create  offices,  fix 
salaries,  outline  functions,  bestow  and  withhold  power  to 
almost  any  extent,  it  will  be  seen  that  counties  and  town- 
ships are  but  creatures  of  the  state  and  are  controlled  in 
the  smallest  matters  through  the  principal  state  organ,  the 
legislature. 

Whether  the  limitations  here  discussed  apply  or  not  in 
a  given  state,  it  is  universally  the  custom  for  state  legisla- 
tures to  defer  to  certain  fundamental  ideas  that  are  deep 
rooted  in  the  minds  of  American  people.  In  the  first  place, 
legislatures  defer  to  the  sentiment  which  demands  some 
measure  of  local  self-government  and  this  means  that  a 
large  proportion  of  local  officers,  particularly  the  older 
ones,  shall  be  elective;  and  furthermore  that  some  discre- 
tion, some  right  to  determine  policies  and  to  execute  them, 
shall  still  be  vested  in  the  areas  of  local  government. 

Secondly,  state  legislatures  usually  defer  to  the  American 
belief  in  the  principle  of  administrative  decentralization, 
which  means  that  local  officers,  who  are  popularly  elected, 
and  not  responsible  to  superior  state  officers,  shall  be  left 
free  to  execute  state  law  in  whatever  way  they  see  fit. 
Constitutions  do  not  present  very  many  formidable  ob- 
stacles to  the  radical  reform  of  county  government.  Legis- 
latures are  for  the  most  part  very  free  to  do  what  they 
please.  But  even  in  the  absence  of  constitutional  restric- 
tions the  state  legislatures  prefer  to  act  upon  these  older 
principles  that  permit  a  very  considerable  measure  of  local 
self-government. 

Bodies  Corporate  and  Politic. — Pursuing  further  the 
general  fjucstioii  of  the  legul  status  of  tlic  county  and  the 
township  it  will  be  found  that  they  are  usually  referred  to 


88  COUNTY  AND  TOWNSHIP  GOVERNMENT 

in  the  terminology  of  law  as  bodies  corporate  and  politic, 
and  as  quasi-corporations.  These  terms  need  some  explana- 
tion. A  corporation  is  a  legal  entity,  a  juristic  person, 
actually  an  individual  in  the  eyes  of  the  law,  enjoying 
certain  specified  powers,  exercising  some  specific  func- 
tions, vested  with  certain  privileges,  and  owing  certain 
obligations.  Corporations  are  created  by  the  legislature. 
Most  of  them  are  known  as  private  corporations  and  exist 
for  the  purpose  of  carrying  on  some  business  enterprise, 
though  it  is  quite  customary  for  clubs,  societies  and  other 
groups  of  people  to  incorporate  for  purposes  other  than 
business  activity.  They  are  granted  charters  in  which  all 
the  details  of  their  organization,  powers,  and  functions, 
are  set  forth ;  or  else  they  may  be  incorporated  by  a  general 
act  of  the  state  legislature. 

Public  and  Private  Corporations  Contrasted.— Public 
corporations  are  to  be  clearly  differentiated  from  private 
corporations.  Private  corporations  have  no  governmental 
powers,  do  not  exist  for  governmental  purposes  and  are  in 
no  sense  instrumentalities  of  the  state.  They  exist  for 
private  purposes,  and  the  act  or  charter  by  which  the 
private  corporation  is  created  and  its  privileges  and  powers 
defined,  constitutes  a  contract  between  the  members  of  the 
corporation  and  the  state  itself.*  So-called  public  service 
corporations  are  strictly  private  corporations,  and  are  not 
to  be  confused  with  public  corporations.! 

Public  corporations  on  the  other  hand  do  have  govern- 
mental powers,  they  exist  exclusively  for  governmental 
purposes  and  are  instrumentalities  of  the  state.  But 
public  corporations  are  of  various  grades.  The  municipal 
corporation  is  of  the  highest  grade.  Cities,  towns,  villages 
and   boroughs   are   municipal   corporations.     They   exist 

*  Dillon,  J.  F.,  Municipal  Corporations,  Fifth  Edition   (191 1)   I,   142. 
t  Ibid.,  p.  146. 


LEGAL   STATUS  OF   COUNTY  AND  TOWNSHIP  89 

primarily  for  the  satisfaction  of  local  needs  of  a  special 
nature.  The  municipal  corporation  is  created  at  the  behest 
of  those  persons  who  are  to  be  within  its  jurisdiction,  the 
character  of  its  governmental  powers  and  functions  is 
intended  to  suit  their  convenience;  and  it  is  not  ordinarily 
used  as  an  area  through  which  the  state  government  itself 
shall  function.* 

An  administrative  district,  such  as  a  road  or  park  dis- 
trict, may  be  a  civil  or  a  public  corporation  and  serves  as 
an  area  through  which  the  state  itself  exercises  just  one 
function — the  maintenance  of  roads  or  a  park.  And  some- 
where between  the  municipal  corporation,  which  is  of  the 
highest  grade,  and  such  an  area  as  the  park  district,  which 
may  be  considered  of  the  lowest  grade,  are  to  be  found  the 
county  and  the  township. 

Counties  and  Townships  as  Public  Corporations. — 
Counties  and  townships  are  not  municipal  corporations 
for  they  do  not  exist  primarily  to  satisfy  the  needs  of  the 
locality.  They  are  further  to  be  differentiated  from  munic- 
ipal corporations  in  that  they  are  created  ordinarily  to 
suit  the  convenience  of  the  state  and  not  at  the  behest 
of  the  persons  who  are  to  be  included  within  the  jurisdic- 
tion. Furthermore,  they  are  used  as  instrumentalities  of 
the  state  government  in  ways  that  municipal  corporations 
are  not.  The  state  government  functions  through  the 
county  and  the  township.  Even  so  they  are  to  be  found 
upon  a  higher  plane  than  pure  administrative  districts  and 
special  districts  such  as  park  and  drainage  districts,  in  that 
they  do  afford  some  opportunities  for  local  self-govern- 
ment. Thus  they  have  governmental  machinery  through 
which  they  determine  policies,  their  ofTicers  are  popularly 
elected,  and  they  enjoy  the  prerogatives  that  go  with 
administrative  decentralization. 

•Dillon,  J.  !•'.  Municipal  Corporations,  Fifth  Edition  (1911)  I,  64. 


90  COUNTY  AND  TOWNSHIP  GOVERNMENT 

They  are  called  quasi-corporations.  The  word  quasi 
means  "similar  to"  or  ''like."  Thus  they  are  similar  to 
the  municipal  corporations  but  they  are  not  municipal 
corporations.  They  are  similar  to  public  corporations  even 
when,  as  in  some  states,  they  do  not  actually  have  the 
status  of  public  corporations.  They  are  like  corporations 
in  many  particulars,  enjoying  certain  corporate  powers. 
Hence  they  are  known  as  bodies  corporate.  As  bodies 
corporate  they  have  a  status  in  law  very  similar  to  that  of 
an  individual  in  many  respects.  They  may  sue  in  the 
courts,  and  suits  may  be  brought  against  them  by  individ- 
uals or  other  corporations,  and  they  can  be  compelled  to 
pay  damages  if  circumstances  warrant.  They  may  buy 
and  sell  property,  both  real  and  personal.  They  may  enter 
into  business  contracts  which  are  enforcible  in  the  courts, 
and  they  can  hire  and  dismiss  employees,  just  as  can  true 
private  corporations.  These  are  the  powers  and  privileges 
that  are  implied  when  the  county  or  township  is  referred 
to  as  a  body  corporate. 

Their  Corporate  Powers  are  Limited. — But  there  is  a 
distinct  limitation  upon  their  privileges  as  bodies  corporate. 
They  may  exercise  the  corporate  powers  only  in  the  fur- 
therance of  governmental  functions.  Thus  they  can  buy 
land,  but  only  In  order  to  use  It  as  the  site  for  a  public 
Institution  or  for  some  other  public  purpose.  Thus  they 
can  enter  Into  contracts  and  employ  persons  to  do  work, 
but  only  In  the  furtherance  of  political  functions.  And  the 
courts  by  proper  process  will  block  any  attempt  on  the 
part  of  public  corporations  to  exercise  corporate  powers 
for  any  other  purposes.  Thus  Is  emphasized  the  fact 
that  counties  and  townships  are  bodies  politic  as  well  as 
bodies  corporate.  They  exercise  their  corporate  powers 
in  the  furtherance  of  their  political  functions. 

Legal  Status  and  Extent  of  Power.— In  this  chapter 


LEGAL  STATUS  OF  COUNTY  AND  TOWNSHIP  91 

have  been  discussed  the  essential  aspects  of  the  legal  status 
of  the  county  and  the  township.  It  should  be  observed 
that  this  status  is  not  necessarily  affected  by  the  importance 
or  unimportance  of  the  area  in  question.  Thus  a  township 
may  be  a  body  corporate  and  politic  and  be  properly  re- 
ferred to  as  a  quasi-corporation  whether  it  has  very  few 
and  unimportant  functions  to  perform,  as  in  Pennsylvania, 
or  has  relatively  many  and  important  functions  to  per- 
form, as  in  the  state  of  Michigan.  And  the  legal  relation 
of  the  county  to  the  state  in  New  England,  where  the 
county  is  of  relatively  slight  importance,  is  much  the  same 
as  the  legal  relation  between  the  county  and  the  state  in 
California,   where  it  is  of  distinctly  greater  importance. 

The  legal  status  of  the  county  and  the  township  is  fur- 
thermore not  affected  by  the  character  of  the  governmental 
structure  within  the  area  in  question.  Thus  it  makes  no 
difference  whether  there  be  a  large  board  of  county  super- 
visors or  a  small  board  of  commissioners,  or  what  other 
officers  there  may  or  may  not  be,  the  legal  status  of  the 
corporate  entity  is  not  affected  by  the  wide  variations  in 
character  of  governmental  structure. 

But  these  variations  in  governmental  structure  must  be 
examined.  The  governmental  structure,  that  is, — the 
offices,  organs,  and  institutions  through  which  functions 
are  exercised  in  the  counties  and  the  townships — are 
hardly  just  the  same  in  any  two  states.  The  character  of 
these  institutions,  organs,  and  offices,  their  functions  and 
methods  of  operation  must  be  the  subject  of  succeeding 
chapters. 


CHAPTER  VI 

FUNCTIONS  OF  THE  COUNTY  AND  THE  TOWN- 
SHIP 

Functions  of  Local  Government  Enumerated.— Before 

turning  to  an  examination  of  the  various  officers  of  local 
government,  their  duties  and  methods  of  operation,  it 
will  be  profitable  to  take  a  preliminary  survey  of  the 
governmental  functions  that  are  ordinarily  exercised  through 
the  county  or  the  township,  even  though  they  will  be  dis- 
cussed at  greater  length  In  the  chapters  that  follow.  No 
attempt  will  be  made  for  the  present  to  classify  the  func- 
tions and  assign  certain  of  them  to  the  county  and  others  to 
the  township.  The  practice  In  this  regard  differs  widely 
in  the  various  states.  But  It  Is  possible  at  least  to  enumerate 
a  number  of  very  important  and  clearly  defined  gov- 
ernmental functions  that  are  in  most  cases  exercised  through 
the  areas  of  local  self-government,  though  in  certain  cases 
It  may  be  through  the  county  and  in  other  cases  through 
the  township.  The  problem  for  the  moment  is  to  discover 
those  things  which  people  in  small  districts  do  for  them- 
selves through  officers  and  Institutions  of  their  own,  and 
which  they  can  control.  There  lies  the  essence  of  local 
self-government.  If  a  community  of  people  can  determine 
policies  of  their  own,  provide  ways  and  means  of  executing 
them,  and  see  that  they  are  executed  through  officers 
locally  chosen,  and  who  are  not  responsible  to  superior 
authorities  outside  the  district — there  Is  a  manifestation 
of  local  self-government. 

I.  Maintenance  of  Peace. — Maintenance  of  peace  may 

92 


FUNCTIONS   OF   COUNTY   AND   TOWNSHIP  93 

be  considered  a  function  of  local  self-government.  The 
maintenance  of  peace  may  be  considered  the  most  ele- 
mentary function  of  government  In  any  time  or  place. 
Peace  Is  a  relative  term  of  course,  and  a  band  of  disorderly 
and  tumultuous  aborigines  might  be  considered  relatively 
peaceable  if  they  submitted  to  the  dictates  of  any  recog- 
nized authority.  Maintenance  of  peace  is  necessary 
before  any  other  functions  of  government  can  possibly 
be  exercised.  Indeed  the  exercise  of  other  functions  of 
government  always  Is  contingent  upon  a  condition  of 
peace. 

Peace  may  very  well  be  maintained  by  some  external 
authority  and  very  frequently  it  is.  Thus  a  government 
may  send  Its  soldiers  to  maintain  peace  In  dependent 
colonies.  Thus  the  federal  government  might  maintain 
an  elaborate  organization  of  federal  poHce  to  maintain 
peace  throughout  the  United  States,  were  it  not  for  the 
limitations  of  the  constitution.  Thus  each  of  the  state 
governments  might  maintain  police  forces  to  patrol  the 
entire  state  and  maintain  peace  in  the  cities  and  the  coun- 
ties. Each  Is  an  Illustration  of  the  maintenance  of  peace 
by  external  authority. 

But  the  practice  In  colonial  America  and  the  United 
States  to-day  has  been  quite  the  contrary.  The  colonial 
governments  never  maintained  police  forces.  The  federal 
government  has  never  maintained  a  police  force,  and  very 
few  of  the  state  governments  have  anything  in  the  nature 
of  a  police  force.  For  three  hundred  years  on  American 
soil  It  has  been  the  practice  for  the  people  in  each  small 
community  to  maintain  the  [)eace  through  officers  of  their 
own  selection.  These  officers  have  been  the  sheriffs  and 
the  constables.  They  have  been  locally  elected  and  are 
not  under  the  authority  of  state  or  federal  officers. 
Contrary  to  the  impression   that  is  quite  general  county 


94  COUNTY  AND  TOWNSHIP  GOVERNMENT 

sheriffs    are    not    under    the    authority    of    state    gover- 
nors.* 

Except  for  the  cities  which  have  police  forces  of  their 
ovm,  the  maintenance  of  peace  throughout  the  whole 
United  States  is  in  the  hands  of  county  sheriffs  and  town- 
ship constables.  And  so  far  as  area  is  concerned  the 
cities  are  but  dots  upon  the  map  in  spite  of  the  fact  that 
half  the  national  population  Is  concentrated  In  them.  The 
sheriffs  and  the  constables  are  general  peace  officers.  This 
means  that  it  is  their  duty  to  do  more  than  simply  to  en- 
force certain  specific  laws  and  to  arrest  persons  who  violate 
specific  acts, — they  are  expected  to  assume  the  very  general 
and  much  more  comprehensive  function  of  maintaining 
peace  with  all  that  it  implies. 

Federal  officers  may  be  appointed  to  enforce  certain 
federal  laws  which  are  related  to  the  maintenance  of  peace. 
Thus  federal  officers  run  down  counterfeiters,  they  seek  out 
smugglers,  they  suppress  disloyalists  and  they  carry  on 
an  elaborate  campaign  against  violators  of  the  federal 
prohibition  laws.  In  doing  this  they  are  in  a  sense  peace 
officers;  but  it  is  not  their  function  In  a  general  sense  to 
maintain  the  peace,  for  that  remains  to  local  officers. 

State  agents  may  also  be  appointed  to  execute  certain 
laws  and  exercise  specific  functions  closely  related  to  the 
maintenance  of  peace,  and  yet  not  be  general  peace  officers. 
Only  In  very  recent  years  have  state  officers,  exercising 
general  peace  functions,  appeared.  These  state  police 
organizations  will  be  considered  at  a  later  time;  suffice  It  for 
the  present  to  say  that  the  general  maintenance  of  peace 
throughout  the  United  States  Is  In  the  hands  of  local  offi- 
cers. They  are  obliged  by  law  specifically  to  enforce  state 
and  local  legislation,  and  usually  are  very  ready  to  assist 

*  This  fact  was  vividly  illustrated  in  Illinois  (1921)  when  the  Governor 
of  the  state  was  arrested  by  a  county  sheriff. 


FUNCTIONS  OF  COUNTY  AND  TOWNSHIP  95 

federal  officers  in  the  enforcement  of  federal  acts,  though 
it  may  be  questioned  if  they  are  required  to  do  so. 

The  question  may  arise  as  to  which  is  the  more  important 
officer  in  the  exercise  of  this  function:  the  county  sheriff 
or  the  township  constable.  This  depends  somewhat  upon 
the  type  of  local  government  organization  which  obtains. 
In  those  states  where  the  townships  have  declined  to  a 
very  unimportant  position  the  constable's  chief  function 
is  to  serve  as  an  attache  of  a  justice  court.  And  in  some 
counties,  particularly  in  New  England  and  in  those  counties 
which  contain  cities  of  considerable  size,  the  sheriff  also 
has  little  to  do  except  to  act  as  the  executive  officer  for 
the  court.  But  even  so  he  continues  to  be  the  principal 
peace  officer  in  every  section  of  the  United  States. 

In  many  sections  of  the  country,  although  he  continues 
to  exist,  the  township  constable  has  gone  almost  into  total 
eclipse.  The  advent  of  the  automobile  in  the  twentieth 
century,  however,  has  been  instrumental  in  drawing  him 
out  of  retiremeiit,  momentarily  at  least,  while  at  the  same 
time  it  has  greatly  complicated  the  problem  of  maintaining 
the  peace  in  rural  districts.  Not  only  have  rural  peace 
officers  been  sporadically  active,  and  in  a  vacillating  way 
attempted  to  prevent  violation  of  the  speed  laws;  but  they 
have  been  faced  with  the  problem  of  suppressing  general 
crime  in  rural  sections.  The  automobile,  and  the  highly 
developed  interurban  railway  systems  have  greatly  facili- 
tated criminal  activity  in  rural  districts,  for  city  criminals 
arc  now  able  to  launch  their  exploits  far  out  in  the  country 
and  get  back  to  the  city  again  in  a  very  short  time.  And 
as  said  above,  this  situation  has  served  to  bring  rural 
peace  officers  out  of  growing  obscurity,  and  the  results 
have  not  been  to  their  credit.  But  while  blame  should 
not  be  attached  to  the  officers  themselves  they  have  proved 
to  be  unable  to  cope  with  the  new  situation,  and  the  in- 


96  COUNTY  AND  TOWNSHIP  GOVERNMENT 

evitable  demand  has  come  for  state  police.  Many  counties 
have  employed  special  officers,  equipped  with  motorcycles, 
to  work  under  the  direction  of  the  county  sheriff,  par- 
ticularly in  an  effort  to  prevent  speeding.  But  such  a 
move  does  not  solve  the  greater  problems  of  peace  main- 
tenance that  have  loomed  in  recent  years. 

The  general  function  of  maintaining  the  peace  involves 
also  certain  other  functions.  If  the  county  and  the  town- 
ship are  to  be  responsible  for  the  maintenance  of  peace 
they  must  provide  institutions  for  the  restraint  and  possible 
reformation  of  lawbreakers.  Each  local  area  must  have 
its  prison,  and  thus  the  county  jails  have  become  familiar 
the  country  over.  The  maintenance  of  reform  schools  for 
juvenile  offenders  of  both  sexes  is  a  proper  function  to 
exercise  in  connection  with  the  maintenance  of  peace. 
But  local  institutions  of  this  sort  are  few  and  far  between. 
Those  reform  schools  which  do  exist  are  usually  state  in- 
stitutions. Houses  of  correction  where  adult  offenders 
sentenced  for  a  year  or  less  can  be  sent  to  learn  some  trade 
or  mechanic  art  during  their  period  of  incarceration  are  a 
distinct  improvement  upon  old  time  county  jails,  and 
might  well  be  supported  by  the  more  populous  and  wealthy 
counties  in  their  exercise  of  the  peace  function.  But  such 
institutions  are  very  scarce.  The  county  penal  farm  idea 
is  being  developed  in  certain  states  where  petty  offenders 
are  sent  to  farms  where  they  are  kept  under  some  restraint 
but  are  given  an  opportunity  to  do  outdoor  work  to  their 
own  advantage  and  that  of  the  whole  community. 

These  functions  are  merely  mentioned  in  passing  at 
this  time  in  order  to  give  some  idea  of  the  problems  in- 
volved in  the  general  function  of  maintaining  peace,  which 
still  remains  one  of  the  fundamental  governmental  func- 
tions exercised  through  the  areas  of  local  self-government. 

2.  Administration    of   Justice. — A    second    function    of 


FUNCTIONS  OF  COUNTY  AND  TOWNSHIP  97 

government  very  closely  related  to  that  of  maintaining 
peace  is  the  administration  of  justice.  This  function  is 
almost  as  elementary  as  the  function  of  maintaining 
peace,  though  not  quite.  Peace  may  well  be  maintained 
without  justice  and  frequently  is,  but  of  course  enlightened 
public  opinion  always  demands  free  access  to  systematic 
machinery  for  the  administration  of  justice.  This  machinery 
may  be  provided  by  and  controlled  by  external  authority,  or 
again  it  may  be  created  and  controlled  by  local  authorities. 
The  latter  practice  has  always  prevailed  on  the  American 
continent  to  a  greater  or  less  extent.  The  general  tendency 
has  been  to  permit  the  people  of  each  local  community 
to  set  up  their  own  structure  of  judicial  machinery  and  to 
administer  justice  in  their  own  community  through  offi- 
cers of  their  own  selection. 

This  practice  has  not  been  carried  out  quite  so  consis- 
tently as  it  might  have  been,  for  many  times  judges  of  the 
county  courts  were  appointed  by  superior  colonial  officers 
and  thus  were  not  in  any  sense  controlled  by  the  inhabi- 
tants of  their  respective  jurisdictions.  However,  outside 
the  southern  states  judges  sooner  or  later  came  to  be 
popularly  elected,  each  county  had  a  judicial  structure  of 
its  own,  and  most  of  the  other  functionaries  connected 
with  the  court  were  popularly  elected  as  well  as  the  judges. 

At  the  very  basis  of  the  judicial  system  have  been  the 
justices  of  the  peace,  functioning  for  their  respective  town- 
ships. They  had  in  the  early  day,  and  still  possess,  juris- 
diction over  petty  criminal  and  civil  cases.  They  have 
final  jurisdiction  over  criminal  cases  which  involve  very 
small  fines  or  short  prison  sentences,  and  over  civil  cases 
involving  small  amounts.  It  has  always  been  possible  to 
carry  appeals  by  certain  prescribed  ste[)s  to  the  sui)rcmc 
tribunal  in  the  colony  or  state.  But  the  significant  tiling 
is  that  justice  has  been  for  the  most  part  administered 


98  COUNTY  AND  TOWNSHIP  GOVERNMENT 

through  local  machinery,  through  judges  elected  by  the 
inhabitants  of  their  jurisdiction,  through  public  prose- 
cutors elected  by  the  people  whom  they  are  to  prosecute, 
and  through  machinery  that  is  maintained  by  the  taxes 
which  the  inhabitants  have  imposed  upon  themselves  for 
the  purpose.  That  is  a  manifestation  of  democracy,  and 
of  self-government. 

"Not  a  very  happy  one,"  the  reformer  of  the  present 
time  will  say.  Justice  of  the  peace  courts  have  been  im- 
mortalized with  the  ridicule  which  has  been  heaped  upon 
them  since  the  days  of  Shakespeare.  Elected  judges  in  the 
county  courts  have  not  always  maintained  the  standards 
that  could  be  desired;  and  these  facts  together  with  the 
example  of  the  federal  judiciary  which  is  highly  centralized 
and  not  controlled  through  popular  suffrage,  have  led  to 
a  lack  of  faith  in  local  machinery  of  justice. 

To  a  considerable  degree  state  centralized  control  has 
been  accomplished  by  the  establishment  of  judicial  dis- 
tricts larger  than  the  counties,  each  district  embracing  two 
or  more  of  them.  The  judges  are  still  elected  for  the  most 
part,  but  they  hold  court  in  the  various  counties  of  the 
jurisdiction  and  virtually  have  ceased  to  be  "county" 
judges.  Other  court  functionaries,  however,  clerks,  sheriffs 
and  prosecutors,  are  still  county  officers  just  as  much  as 
they  ever  were. 

The  administration  of  justice  involves  the  selection  of 
public  prosecutors,  clerks,  and  other  court  attendants.  It 
involves  the  maintenance  of  a  courthouse  and  all  the  equip- 
ment necessary  to  court  procedure.  Every  county  must  do 
these  things  as  part  of  the  function  of  administering  justice, 
for  it  is  still  administered  through  areas  of  local  govern- 
ment. 

J.  Probate. — A  third  function  of  local  government,  which 
is  but  one  aspect  of  the  judicial  function,  has  to  do  with 


FUNCTIONS  OF   COUNTY  AND  TOWNSHIP  99 

the  probation  of  wills,  and  other  ex  parte  proceedings. 
With  the  appearance  of  the  state  district  court  it  often 
happened  that  a  county  court  would  be  retained  for  certain 
purposes,  chief  among  which  would  be  the  probation  of 
wills  and  the  disposition  of  the  property  of  those  who  died 
intestate.  These  county  courts  are  now  also  very  fre- 
quently intrusted  with  other  judicial  functions  that  can  be 
exercised  without  a  jury  and  all  the  processes  necessary  to 
the  trial  of  cases  in  the  state  district  courts.  These  func- 
tions ordinarily  are  the  disposition  of  insanity  cases,  the 
commitment  of  orphans  or  other  dependents  to  county  or 
state  institutions;  and  sometimes  the  handling  of  juvenile 
cases  when  these  are  not  handled  through  the  regular 
courts. 

Altogether  these  functions  make  quite  a  mass  of  judicial 
business  that  can  very  well  be  removed  from  the  dockets  of 
the  regular  courts,  and  each  county  in  many  of  the  states 
maintains  a  separate  special  county  court  for  the  sole  pur- 
pose of  handling  this  business.  The  clerk  of  this  court  is 
likely  to  be  charged  with  keeping  vital  statistics, — records 
of  births,  deaths  and  marriages. 

It  not  infrequently  happens  too  that  such  county  courts 
enjoy  control  over  certain  administrative  functions.  Thus 
the  special  county  court  may  have  some  authority  in  the 
management  of  local  charitable  institutions,  some  powers 
in  connection  with  the  maintenance  of  highways;  and  also 
may  possess  a  very  considerable  power  of  appointment  to 
minor  administrative  positions.  This  is  not  altogether  a 
satisfactory  situation  for  it  means  a  division  of  administra- 
tive authority  between  the  court  and  the  county  board. 
It  were  much  better  that  courts  be  confined  to  strictly 
judicial  business  and  that  administrative  authority  be 
centralized  in  the  county  board. 

But  at  any  rate,  whenever  a  special  county  court  does 


lOO  COUNTY  AND  TOWNSHIP  GOVERNMENT 

not  exist,  it  means  that  the  county  must  provide  itself  with 
a  judge,  through  popular  election,  with  a  clerk,  and  all  the 
other  officers  necessary  to  the  handling  of  this  work.  It 
may  be,  however,  that  the  same  clerk  and  staff  which 
attends  the  sessions  of  the  regular  district  court  also  attends 
this  special  county  court. 

4.  Poor  Relief. — A  fourth  function  of  government  that 
has  been  exercised  since  earliest  times  through  local  areas 
is  that  of  poor  relief  and  the  care  of  dependents  generally. 
It  is  only  in  recent  years  that  the  state  governments  have 
undertaken  to  care  for  dependents  on  any  extensive  scale. 
Ever  since  small  settlements  were  established  in  America 
each  community  has  been  expected  to  care  for  its  own 
dependents  in  its  own  way,  to  build  institutions,  to  employ 
managers  for  them,  to  dictate  the  methods  of  control,  to 
collect  taxes  and  to  provide  for  the  maintenance  of  the 
institutions.  Thus  the  care  of  dependents  has  been  a  func- 
tion of  local  government  in  every  sense  of  the  word. 

In  its  larger  aspects  this  has  involved  the  building  and 
maintenance  of  poorhouses,  institutions  that  have  been 
notorious  in  the  United  States  for  generations;  and  in  later 
years  the  maintenance  of  county  farms  where  the  poor  of 
the  community  can  be  cared  for  more  intelligently.  For 
many  years  dependents  of  all  types,  the  poor,  the  diseased, 
the  insane,  both  aged  and  infant  and  of  both  sexes  have 
been  indiscriminately  herded  together  into  one  institution 
denominated  the  poorhouse;  but  at  the  present  time  there 
is  a  decided  tendency  to  create  various  types  of  institutions 
to  care  more  effectively  for  the  various  types  of  dependents. 
This  can  be  done  of  course  only  in  those  more  populous 
counties  that  have  the  wealth  to  do  it,  though  several 
counties  may  cooperate  in  the  matter;  other  communities, 
which  do  not  possess  the  wealth  to  do  this,  have  no  alterna- 
tive but  to  await  state  action  in  this  direction. 


FUNCTIONS  OF  COUNTY  AND  TOWNSHIP  loi 

But  in  its  newer  and  bigger  aspects  it  can  readily  be  seen 
that  the  function  of  caring  for  dependents  has  some  very 
broad  implications,  and  if  it  is  to  remain  a  function  of  local 
government  the  machinery  must  be  built  up  and  main- 
tained in  order  to  do  it  in  a  manner  that  accords  with 
modem  thought  on  these  Hnes. 

5.  Maintenance  of  Schools. — Another  and  fifth  function 
of  local  government  is  the  maintenance  of  schools  and  all 
that  it  implies.  In  the  earhest  times  this  was  strictly  a 
town  or  township  function  wherever  townships  existed; 
and  to-day  they  exercise  control  to  a  greater  or  a  less  degree. 
While  the  exercise  of  this  function  is  not  so  necessary  to 
the  maintenance  of  political  existence  as  are  some  of  the 
other  functions  that  have  been  enumerated,  it  is  neverthe- 
less a  duty  which  was  promptly  assumed  by  small  com- 
munities everywhere,  and  fulfilled  with  considerable 
success. 

It  has  already  been  noted  that  the  national  government 
did  a  little  something  in  the  interests  of  public  education, 
but  it  was  rather  by  way  of  encouraging  the  inhabitants  of 
the  respective  townships  to  do  sometliing  for  themselves.* 
They  seized  upon  the  parcels  of  land  that  were  given  to 
them  for  the  purpose,  built  schools,  provided  for  their 
maintenance  and  have  been  inclined  to  want  to  exercise 
control  over  them  ever  since.  The  maintenance  of  schools 
involves  the  erection  of  school  buildings,  the  selection  of  a 
school  board  or  group  of  trustees  to  have  direct  charge,  the 
employment  of  teachers,  the  fixing  of  standards  and  the 
levying  of  taxes  to  cover  the  expense.  Each  local  area  that 
enjoys  this  function  must  have  the  machinery  to  do  all 
these  things. 

The  practice  very  early  was  established  of  creating 
systems  of  school  districts  more  or  less  independent  of  the 

*  Through  the  Northwest  Ordiiuuuc  (jf  1787. 


I02  COUNTY  AND  TOWNSHIP   GOVERNMENT 

county  and  township  authorities.  Furthermore,  present 
day  dissatisfaction  with  the  standards  maintained  by  local 
district  schools  is  leading  very  rapidly  to  a  curtailment  of 
the  power  of  local  authorities  over  the  local  schools,  and  they 
are  gradually  being  brought  into  a  centralized  system.  The 
first  step  usually  is  to  organize  all  the  rural  schools  into  a 
county  system,  and  the  next  obvious  step  is  to  bring  all 
the  public  schools  of  the  state  under  the  control  of  state 
authorities.  But  for  the  present  at  least  the  local  areas 
have  a  very  large  measure  of  control  over  their  own  schools, 
particularly  in  the  matter  of  providing  funds  for  equipment 
and  salaries  for  teachers. 

6.  Care  of  Highways. — A  sixth  function  of  local  self- 
government  is  the  care  of  highways  with  all  that  it  implies. 
Until  very  recent  years  state  governments  have  not  con- 
cerned themselves  to  any  great  extent  with  highways.  If 
new  roads  were  cut  through  it  was  the  local  authorities  who 
were  obliged  to  do  it,  if  bridges  were  build  it  was  necessary 
for  the  people  of  the  locality  to  build  them,  if  highways 
were  improved  each  community  carried  on  the  improve- 
ment in  the  way  that  seemed  best  to  it.  Such  is  the  situa- 
tion to-day  in  a  very  large  measure.  Each  locality  must 
provide  itself  with  the  necessary  poHtical  machinery  and 
equipment  for  exercising  this  function.  It  means  the 
existence  of  some  group  of  locally  elected  men  to  deter- 
mine highway  policy  and  to  impose  taxes  for  the  purpose  of 
executing  it.  It  imphes  the  existence  of  highway  com- 
missioners or  overseers,  or  engineers,  or  some  persons  of 
that  description  to  take  direct  charge  of  road  building. 
Road  building  and  maintenance  is  in  every  sense  a  func- 
tion of  local  self-government. 

That  the  building  and  maintenance  of  highways  has  been 
in  every  sense  of  the  word  a  function  of  local  government  is 
illustrated  most  vividly  in  the  custom  which  still  prevails 


FUNCTIONS   OF  COUNTY  AND  TOWNSHIP  103 

in  many  quarters,  of  the  fanners  working  on  the  roads 
themselves.  It  was  not  many  years  ago  that  the  men  of 
each  local  community  literally  went  out  and  built  their 
ov\m  roads  with  their  own  hands  in  just  the  way  they  chose. 
This  eminently  democratic  custom  was  largely  displaced 
by  the  imposition  of  a  small  tax  on  each  man  of  the  com- 
munity, and  each  man  was  allowed  the  alternative  of 
paying  the  tax  for  road  improvement  or  doing  a  certain 
number  of  days'  work  upon  the  road  himself.  It  is  no  un- 
common thing,  however,  to  discover  farmers  in  certain 
rural  sections  out  working  on  the  roads  today,  rather 
than  pay  a  tax.  This  practice  is  the  very  essence  of  self- 
government,  but  in  the  present  day  is  distinctly  undesirable. 
The  work  is  Hkely  to  be  done  in  a  haphazard  way,  inconsis- 
tently and  without  order.  And  at  best  the  work  done  in 
this  way  is  likely  to  be  poorly  done,  even  if  it  does  not  do 
more  harm  than  good. 

Although  counties  and  townships  now  have  almost 
complete  control  over  highways  there  have  been  certain 
very  significant  developments  In  the  twentieth  century 
that  are  calculated  to  break  down  this  control  and  carry 
the  function  over  to  state  authorities.  The  development 
of  the  automobile,  both  for  pleasure  and  business  purposes, 
led  to  an  ever-growing  demand  for  better  highways  than 
local  authorities  were  ready  to  provide.  The  Improve- 
ments made  In  concrete  and  other  materials  have  made 
possible  much  more  extensive  road  Improvement.  The 
inadequacy  of  the  railroads  has  led  to  the  demand  for  truck 
lines,  and  the  steady  development  of  national  industry 
and  national  markets  makes  It  ever  more  desirable  to  bind 
all  portions  of  the  country  with  fine  highways.  This 
may  mean  ultimate  control  by  the  state  and  even  some 
participation  by  the  federal  government. 

7.  Adminislration    of    Taxes. — A    seventh    function    of 


104  COUNTY  AND  TOWNSHIP  GOVERNMENT 

local  government  is  the  function  of  administering  the 
tax  machinery.  This  has  been  a  function  always  jealously 
guarded.  Probably  no  public  ofiQcial  in  all  history  has 
been  so  universally  disliked  as  the  collector  of  taxes, 
particularly  if  the  exercise  of  his  function  involves  any 
personal  contacts.  And  when  the  tax  collector  comes 
into  a  community  as  the  emissary  of  some  external  au- 
thority his  popularity  is  at  a  very  low  ebb  indeed.  Tax- 
gatherers  sent  out  upon  the  evil  business  of  mediaeval 
kings  have  been  hated  of  all  men,  and  live  in  history  and 
fiction  as  arch-tyrants.  It  is  no  wonder  then  that  in  the 
relatively  democratic  atmosphere  of  colonial  America  the 
principle  of  administrative  decentralization  should  have 
been  applied  to  the  process  of  tax  collection,  and  it  is  no 
wonder  that  the  function  of  administering  the  tax  machinery 
still  remains  a  function  of  local  government. 

The  people  of  each  community  select  oflScers  by  popular 
election,  who  are  not  responsible  to  higher  authorities,  and 
who  have  full  charge  of  the  assessment  and  collection  of 
general  taxes  both  state  and  local,  and  the  fixing  of  the 
tax  rate  for  local  purposes.  Sometimes  they  are  county 
officers,  but  where  townships  exist  they  are  more  likely 
to  be  township  officers.  This  practice  illustrates  the  con- 
temporary application  of  the  principle  of  administrative 
decentralization  to  the  function  of  tax  administration. 

Had  it  not  been  for  the  appHcation  of  this  principle  the 
function  might  to-day  be  exercised  by  state  officers  oper- 
ating under  the  direction  of  state  authorities  and  responsible 
to  them.  Indeed  this  change  may  come  about  in  the  future 
for  there  is  great  dissatisfaction  with  the  administration 
of  tax  laws,  and  bills  have  already  been  introduced  in 
certain  of  the  state  legislatures  looking  toward  such  central- 
ization. It  would  mean  the  abandonment  of  township 
and  county  assessors  throughout  the  state  and  the  sub- 


FUNCTIONS  OF  COUNTY  AND  TOWNSfflP  105 

stitution  of  state  ofl&cials,  in  no  direct  way  controlled  by 
the  people  whose  property  they  would  assess,  and  whose 
taxes  they  would  receive. 

For  this  very  reason  they  might  do  better  work  and 
bring  order  out  of  chaos;  but  it  cannot  be  expected  that 
such  a  move  can  be  made  without  arousing  vigorous  opposi- 
tion— opposition  sometimes  based  on  prejudice  and  ig- 
norance, to  say  nothing  of  ulterior  motive,  and  also  based 
on  a  firm  belief  in  the  older  concept  of  democracy  in  which 
is  cherished  a  firm  belief  in  local  self-government.  These 
concepts  of  democracy  have  their  roots  down  deep  in  the 
political  experience  of  Americans  and  are  not  to  be  care- 
lessly thrown  aside  at  the  behest  of  reforming  enthusiasts. 

The  exercise  of  the  function  of  tax  assessment  and 
collection  involves  the  existence  of  some  body  competent 
to  fix  a  tax  rate  for  local  purposes.  Machinery  must  also 
be  provided  for  the  assessment  of  property  and  the  col- 
lection of  taxes.  Each  local  area  must  have  its  officers  to 
carry  on  this  work,  properly  equipped  with  books  and  other 
materials  that  are  necessary.  The  business  of  tax  as- 
sessment and  collection  grows  more  elaborate  and  com- 
plicated each  succeeding  decade,  and  areas  of  local  govern- 
ment should  be  prepared  to  do  it  well  if  they  can  expect  to 
retain  control  over  such  a  very  important  function. 

8.  Administration  of  Elections. — Another,  and  an  eighth 
political  function  that  is  carried  on  under  the  direction  of 
local  authorities  and  subject  to  their  exclusive  control, 
is  the  management  of  elections.  Naturally  local  officials 
would  supervise  the  election  of  local  officers,  but  it  is  also 
invariably  the  practice  for  the  same  local  authorities  to 
conduct  elections  for  all  public  officials,  national,  state, 
district  and  local.  This  practice  is  but  a  further  develop- 
ment of  the  principle  of  administrative  decentralization 
and  local  self-government.    The  inhabitants  of  each  local- 


I06  COUNTY  AND  TOWNSHIP  GOVERNMENT 

ity  have  been  jealous  of  their  privilege  of  conducting 
elections  themselves  without  intrusion  on  the  part  of  ex- 
ternal authority.  In  the  past  this  has  meant  that  local 
authorities  even  fixed  the  days  on  which  elections  were  to 
be  held,  just  to  suit  themselves.  Polling  places  were  set 
up  in  a  most  informal  way,  voters  came  to  the  tables  that 
were  provided,  voted  by  word  of  mouth,  openly  and 
without  possibility  of  secrecy,  the  votes  were  recorded  by 
local  oflEicers,  and  final  returns  were  made  by  them.  Thus 
each  little  community  engineered  its  own  elections  in  its 
own  way, — it  was  a  manifestation  of  local  self-government. 

To-day  of  course  state  laws  are  so  elaborate  and  detailed 
that  the  right  to  control  the  election  machinery  has  but 
very  little  significance.  The  law  is  usually  very  precise 
as  to  the  days  on  which  voting  shall  take  place,  details 
concerning  the  polling  booths,  and  elaborate  provisions 
guaranteeing  secrecy  through  the  Australian  ballot,  leave 
the  officials  in  charge  but  very  slight  discretion.  Yet 
nevertheless  it  is  the  local  officials  who  have  full  charge 
of  the  machinery  of  elections,  and  these  local  officials  are 
not  in  any  sense  accountable  to  superior  officers.  They 
conduct  elections  according  to  the  letter  of  the  law  as 
they  see  it,  and  make  their  returns  as  they  think  they  should 
be  made.  Disgruntled  candidates  or  other  citizens  may 
always  appeal  to  the  courts  of  proper  jurisdiction  if  there 
is  reason  to  believe  that  the  local  authorities  have  acted 
illegally. 

The  conduct  of  elections  involves  the  appointment  of 
numerous  officials:  Judges  of  election,  clerks,  tellers, 
watchers,  etc.,  and  they  are  all  local  officials  chosen  through 
local  machinery.  It  involves  the  preparation  of  ballots, 
the  maintenance  of  polling  places,  the  actual  conduct  of 
the  voting  on  election  day,  the  counting  of  the  ballots 
and  the  publication  of  the  final  returns.    It  is  all  done  by 


FUNCTIONS  OF  COUNTY  AND   TOWNSHIP  107 

local  officials,  and  the  counties  and  the  townships  must 
see  to  it  that  the  process  is  carried  out  according  to  the  law. 

Furthennore,  and  this  is  very  significant,  the  counties 
and  townships  are  invariably  the  basic  units  in  the  political 
party  structure.  It  is  in  the  townships  that  party  caucuses 
are  held,  and  these  caucuses  are  the  very  foundation  of 
party  machinery  through  which  the  people  of  any  demo- 
cratic state  operate  their  government.  Political  parties 
are  but  groups  of  people  organized  for  the  purpose  of  run- 
ning their  institutions  of  government,  and  the  party  cau- 
cus, in  the  past  at  least,  has  been  the  starting  point  of  all 
party  activity.  Out  of  township  or  precinct  caucuses  go 
delegates  to  county  conventions.  From  the  county  con- 
ventions, or  from  the  caucuses  directly,  go  delegates  to  all 
the  district  conventions  and  to  the  state  conventions;  and 
thus  it  clearly  can  be  seen  how  important  are  the  townships 
and  the  counties  in  this  party  structure. 

Direct  primaries  have  largely  done  away  with  old-time 
party  caucuses  and  conventions,  but  in  so  far  as  the  great 
parties  maintain  any  organization  whatever  they  make 
use  of  the  townships  and  counties  as  basic  areas.  Thus 
committeemen  are  selected  for  each  precinct  or  township, 
chairmen  and  county  committees  are  chosen  to  function 
for  the  county,  and  every  detail  of  party  organization  is 
based  upon  these  political  areas.  Political  parties  have 
really  ceased  to  be  private  organizations,  if  indeed  they 
ever  were  such,  and  it  is  of  importance  to  note  that  their 
present  ehiboratc  organization  is  very  closely  related  to 
the  governmental  structure. 

p.  Recording  Land  Titles. — The  remaining  functions  of 
local  self-government  are  not  so  important  as  those  which 
already  have  been  enumerated,  but  there  are  at  least  two 
more  which  ought  to  be  mentioned.  One  of  them,  the 
ninth,  as  they  have  been  presented  here,  is  the  function  of 


lo8  COUNTY  AND  TOWNSHIP  GOVERNMENT 

recording  land  titles.  In  early  times  it  was  the  duty  of 
town  clerks  to  keep  a  record  of  land  transfers,  and  the  work 
frequently  was  not  at  all  well  done.  It  is  necessary  that 
some  public  officer  should  keep  an  accurate  record  of 
every  transfer  of  land  that  takes  place,  In  order  that  when 
occasion  may  arise  it  will  be  possible  to  trace  the  title  to 
a  particular  piece  of  land  straight  back  to  the  day  when 
it  was  owned  by  the  government  itself.  Although  it  is  a 
purely  clerical  function  and  might  as  well  be  performed 
by  a  state  officer  under  central  control,  it  has  been  intrusted 
invariably  to  local  officers  locally  elected.  It  thus  becomes 
a  function  of  local  government  and  the  local  areas  must 
make  provision  for  its  exercise. 

10.  Militia  Organization. — A  tenth  function  arises  in 
connection  with  the  state  militia  organization.  Counties, 
or  even  townships,  have  served  as  the  units  in  this  mihtary 
structure.  One  of  the  earliest  purposes  of  county  organiza- 
tion was  to  serve  as  units  in  the  colonial  military  system. 
They  are  still  recognized  as  the  units  for  miUtia  organiza- 
tion, but  the  fact  has  had  very  trifling  significance  because 
of  the  absence  of  compulsory  mihtary  training.  Had  it 
been  the  policy  in  the  past  to  maintain  a  system  of  com- 
pulsory training  there  certainly  would  have  been  a  vigorous 
manifestation  of  the  old  spirit  of  democracy,  and  the  people 
of  local  areas  undoubtedly  would  have  insisted  upon  the 
privilege  of  training  and  disciplining  their  own  men  through 
officers  of  their  own  choosing,  in  each  county.  However, 
it  is  altogether  probable  that  such  a  decentralized  system 
would  have  broken  down  sooner  or  later  in  the  interests  of 
military  efficiency. 

But  in  the  absence  of  compulsory  training  public  opinion 
has  not  been  greatly  concerned  with  the  problem  of  military 
organization.  The  counties  simply  serve  as  units  for  the 
very  imperfect  organization  that  exists  in  most  of  the 


FUNCTIONS  OF   COUNTY  AND  TOWNSHIP  109 

States,  although  all  mihtary  officers  are  responsible  to 
central  authorities, — specifically  the  state  governor.  It 
also  may  be  added  that  it  is  customary  for  assessors  to 
keep  in  their  assessment  books  a  complete  list  of  all  men 
eligible  for  military  service.  But  this  is  a  perfunctory 
task,  and  the  records  are  of  very  small  value. 

II.  State  Administration. — To  this  list  of  ten  functions 
which  areas  of  local  government  must  be  prepared  to  exercise 
should  be  added  the  general  and  rather  ill-defined  function 
of  serving  as  pure  administrative  districts  for  the  purpose  of 
executing  state  governmental  programmes.  New  activities 
are  being  undertaken  by  state  governments  every  decade 
— activities  that  were  never  thought  of  before  and  which  the 
local  areas  do  not,  and  ought  not,  to  claim  as  being  part  of 
their  functions.  But  it  is  necessary  for  the  state  govern- 
ment to  divide  the  state  into  districts  and  sub-districts  in 
order  to  facilitate  the  administration  of  the  work  in  hand. 
Rather  than  divide  the  state  into  arbitrary  and  artificial 
districts  for  these  purposes  state  authorities  prefer  to 
accept  the  counties  just  as  they  are  and  let  them  serve  as 
administrative  districts  for  the  purposes  they  have  in  mind. 
Special  state  officers  responsible  to  central  authorities  may 
be  appointed  in  each  county  to  carry  on  the  state  adminis- 
trative programme  under  the  supervision  of  their  superiors; 
or  again  the  existing  organization  may  be  accepted  to  a 
still  further  degree,  and  the  regular  county  officials  may 
be  called  upon  to  exercise  the  new  state  function.  Local 
government  machinery  must  always  be  available  for  state 
government  purposes.  The  administration  of  health  laws 
and  pure  food  laws  are  cases  in  point.  State  officers  are 
frequently  appointed  in  the  counties  to  administer  this 
legislation,  and  such  officers  not  being  locally  elected  are 
directly  responsible  to  the  state  officials  who  appoint 
them. 


no  COUNTY  AND  TOWNSHIP  GOVERNMENT 

Special  districts  such  as  park,  drainage  or  sanitary  dis- 
tricts may  be  created  independently  of  the  counties  and 
the  townships,  or  else  the  functions  involved  may  be  carried 
on  directly  through  county  and  township  officers.  Thus  in 
some  states  township  trustees  devote  a  very  large  propor- 
tion of  their  time  to  drainage  projects. 

12.  Minor  Functions. — Finally,  it  may  be  said  that  as 
the  public  is  demanding  greater  service  from  governmental 
agencies,  counties  are  found  exercising  a  variety  of  minor 
functions:  the  maintenance  of  playgrounds,  hospitals, 
parks,  libraries,  and  such  hke  institutions,  that  may  be 
classed  as  miscellaneous. 

It  is  apparent  that  the  line  between  strictly  local  func- 
tions and  state  functions  is  exceedingly  difficult  to  draw, 
and  some  authorities  insist  that  there  is  no  such  thing  as  a 
strictly  local  function  as  differentiated  from  a  state  func- 
tion. Even  so,  students  of  administration  and  the  law  of 
pubHc  officers  strive  to  make  a  working  classification  on 
this  basis. 

But  before  examining  this  problem  an  attempt  might  be 
made  to  classify  all  these  functions  that  have  been  enumer- 
ated into  two  groups :  on  the  one  hand  those  that  are  town- 
ship functions,  and  on  the  other  hand  those  that  are  county 
functions.  The  other  basis  of  classification,  as  already 
stated,  would  lead  to  a  grouping  of  certain  of  these  functions 
as  purely  local,  and  the  others  as  more  properly  state 
functions. 

Summary. — The  governmental  functions  that  have 
been  enumerated  here  as  being  the  functions  of  the  county 
and  the  township  are  as  follows: 

1.  Maintenance  of  peace. 

2.  Administration  of  justice. 

3.  Administration  of  probate,   and   other   specialized 
judicial  work ;  and  keeping  of  vital  statistics. 


FUNCTIONS  OF  COUNTY  AND  TOWNSHIP  in 

4.  Poor  relief. 

5.  Maintenance  of  schools. 

6.  Care  of  highways. 

7.  Administration  of  tax  machinery. 

8.  Administration  of  election  machinery. 

9.  Recording  of  land  titles. 

10.  MiHtia  organization. 

11.  Serving  as  an  administrative  district  for  purposes  of 
the  state  government. 

12.  Miscellaneous  minor  functions. 
Classification  of  Functions. — If  an  attempt  were  to 

be  made  to  classify  these  functions  by  calling  some  of 
them  township  functions  and  some  of  them  county  func- 
tions it  would  be  necessary  to  make  a  special  classification 
for  each  of  the  forty-eight  states.  It  is  even  impossible  to 
generalize  in  this  matter.  In  some  states  the  county  has 
jurisdiction  over  poor  rehef  and  the  township  over  high- 
ways, in  other  states  the  situation  is  reversed,  and  in  still 
others  both  the  areas  cooperate  in  both  matters.  All  these 
functions  are  carried  on  through  the  county  or  the  town- 
ship or  through  both  together,  and  no  good  purpose  would 
be  served  by  an  attempt  to  analyze  the  situation  in  each 
and  every  state. 

The  county  always  has  its  peace  officer  and  so  does  the 
township.  The  township  has  its  justice  court,  and  on  the 
other  hand  the  county  is  a  vital  unit  in  the  state  judicial 
system.  Probation  of  wills  is  done  by  the  county  or  dis- 
trict court,  but  vital  statistics  may  be  kept  by  county  or 
township  oflScers.  Poor  relief  is  extended  through  both 
areas,  the  county  usually  maintaining  institutions,  while 
the  township  may  extend  what  is  known  as  "outdoor" 
relief.  Both  areas  are  likely  to  have  something  to  do  with 
schools.  Care  of  highways  may  be  vested  in  either  one,  or 
the  principal  highways  may  be  consigned  to  the  county  and 


112  COUNTY  AND  TOWNSHIP  GOVERNMENT 

the  less  important  ones  to  the  township.  As  to  taxation, 
each  area  may  be  permitted  to  fix  a  rate  for  local  purposes. 
There  is  likely  to  be  a  county  collector;  but  assessors  are 
usually  township  officers.  Both  areas  play  a  part  in  elec- 
tions. County  ofi&cials  are  likely  to  have  charge  of  record- 
ing land  titles.  The  county  is  the  miUtia  unit.  Either  may 
serve  as  a  unit  for  the  administration  of  state  functions 
although  the  township  is  seldom  so  used.  And  obviously 
miscellaneous  minor  functions  may  be  carried  on  through 
either  area. 

Turning  to  the  other  basis  of  classification  that  has  been 
suggested  above,  it  would  be  necessary  to  list  some  of 
these  functions  as  purely  local  functions  and  others  as  more 
properly  state  functions  carried  on  through  local  areas. 
Such  a  basis  of  classification  may  be  quite  untenable,  at 
least  from  one  point  of  view:  inasmuch  as  the  local  areas 
have  no  inherent  or  residual  power  it  may  be  said  none  of 
their  functions  are  purely  local,  but  all  are  state  functions 
exercised  through  local  areas  on  the  principle  of  adminis- 
trative decentralization.  However,  in  so  far  as  local 
authorities  are  vested  with  real  discretion,  exercised  through 
organs  of  government  that  are  fully  competent  to  deliberate 
upon  and  determine  poHcies,  they  may,  in  one  sense,  be 
said  to  be  exercising  purely  local  functions.  Poor  relief, 
and  the  care  of  highways  and  schools,  are  clearly  such 
functions,  for  in  these  fields  of  activity  the  local  area  is 
largely  free  to  determine  whether  much  or  little  shall  be 
done,  and  how  it  shall  be  done.  As  regards  maintenance  of 
peace,  and  the  administration  of  tax  and  election  machin- 
ery the  case  is  not  so  clear,  but  a  very  considerable  measure 
of  discretion  is  permitted  in  the  exercise  even  of  those 
functions. 

But  whether  the  functions  discussed  in  this  chapter  be 
county  or  township,  whether  they  be  purely  local,  or  state. 


FUNCTIONS  OF   COUNTY  AND   TOWNSHIP  113 

the  county  and  the  township  must  be  prepared  to  exercise 
them.  It  is  necessary  to  have  a  structure  of  government  in 
each  area,  officers  must  be  selected,  institutions  established, 
and  powers  and  duties  clearly  defined. 


CHAPTER  VII 
THE  COUNTY  BOARD  AT  WORK 

The  County  Board. — The  principal  organ  of  government 
in  the  county  structure  is  the  county  board.  It  may  be  a 
very  large  board  of  supervisors  representing  the  various 
townships  within  the  county,  or  it  may  be  a  very  small 
board  of  not  more  than  three  commissioners  elected  at 
large  or  from  districts,  by  the  voters  of  the  county.  In 
any  event,  whether  the  board  be  large  or  small,  whether 
it  consists  of  men  elected  in  the  various  townships  or  at 
large,  or  even  if  it  be  composed  of  appointed  justices  as 
has  been  the  case  in  certain  of  the  southern  states,  the 
county  board  is  the  very  heart  of  the  county  government. 
And  it  is  to  be  found  exercising  practically  the  same  func- 
tions, in  much  the  same  manner,  in  all  of  the  states  in  the 
Union.  The  county  board  is  usually  created  by  the  state 
legislature  in  a  general  law,  and  its  functions  and  duties 
are  prescribed  by  the  legislature  subject  only  to  constitu- 
tional Hmitations. 

Meetings. — The  legislature  determines  the  frequency  of 
meetings.  It  is  possible  and  customary  for  very  small 
boards  to  meet  as  often  as  every  two  weeks.  The  larger 
and  more  cumbersome  boards  of  supervisors  may  not 
meet  oftener  than  twice  a  year.  Meetings  are  held  in  the 
courthouse  at  the  county  seat  and  ordinarily  are  open  to 
the  public.  The  meetings  of  the  very  small  boards  are 
apt  to  be  rather  brief  and  perfunctory,  held  simply  because 
the  law  requires  it,  and  in  order  to  satisfy  the  legal  require- 
ments by  getting  the  business  transactions  into  a  formal 

114 


THE  COUNTY  BOARD  AT  WORK  115 

record.  Meetings  of  small  boards  are  perfunctory  because 
it  is  possible  for  three  or  five  men  to  determine  policies 
beforehand  in  a  very  informal  manner.  Important  matters 
can  be  decided  on  the  courthouse  steps,  in  a  hotel  lobby, 
or  on  the  street  comer,  by  a  Httle  group  of  three  or  five 
men;  and  they  go  into  formal  session  merely  to  legahze 
decisions  which  in  effect  have  aheady  been  made. 

This  is  not  necessarily  an  undesirable  practice.  Such 
a  group,  talking  things  over  privately  and  informally, 
may  very  Hkely  arrive  at  mser  decisions  than  would  be 
possible  in  a  formal  pubhc  session.  But  the  practice  does 
serve  to  shut  the  public  out  from  the  real  discussion  of 
county  problems.  One  result  is  that  the  meetings  of  small 
boards  are  not  generally  attended  by  the  pubhc. 

Meetings  of  the  large  boards  are  decidedly  more  formal. 
It  is  not  so  easy  for  twenty  or  thirty  men  to  get  their 
business  cut  and  dried  before  the  meeting,  and  therefore 
it  is  necessary  to  debate  issues  in  full  assembly  quite  at 
some  length.  While  this  involves  more  pubhcity,  and 
provides  an  opportunity  for  interested  citizens  to  hear 
matters  discussed  more  or  less  at  length,  it  does  make  it 
very  much  more  difficult  to  effect  those  compromises 
which  are  so  necessary  to  the  quick  dispatch  of  business. 

Organization  and  Procedure. — The  board  selects  one  of 
its  owTi  members  to  serve  as  chairman.  He  does  not  have 
any  special  prerogatives  and  is  in  no  sense  a  chief  executive. 
He  is  merely  a  presiding  officer  at  the  meetings  of  the  board. 
The  board  docs  not  choose  its  own  secretary.  The  county 
clerk,  or  the  county  auditor,  himself  an  elective  officer, 
serves  as  secretary  for  the  board.  He  must  of  course  be 
present  at  the  meetings  and  fulfills  all  the  functions  of  a 
secretary.  This  completes  the  organization  of  the  board 
meeting  and  obviously  it  is  ver)-^  simple.  Committees 
are  appointed  as  occasions  arise,  and  other  problems  of 


Ii6  COUNTY  AND  TOWNSHIP  GOVERNMENT 

procedure  do  not  present  any  special  difficulties.  A  quorum 
of  the  board  is  usually  fixed  by  law  at  a  majority  of  the 
membership,  and  a  majority  of  a  quorum  is  sufficient  to 
do  ordinary  business.  In  order  to  pass  certain  more  im- 
portant measures  it  is  often  required  that  a  majority  of 
the  entire  membership  vote  favorably.  This  rule  is  likely 
to  apply  to  such  measures  as  those  which  are  intended  to 
alter  township  Unes,  to  appropriate  sums  of  money  above 
a  certain  amount,  or  to  award  large  contracts. 

Comparing  the  governmental  organization  of  the  county 
with  that  of  the  city,  state,  or  nation,  it  is  rather  easy 
to  think  of  the  county  board  as  the  county  legislature. 
This  is  hardly  proper.  In  so  far  as  the  county  enjoys  any 
legislative  powers  they  are  indeed  exercised  through  the 
county  board.  In  other  words,  if  any  legislating  is  done 
the  board  does  it.  But  the  board  actually  has  very  little 
legislative  work  to  do.  It  does  make  appropriations  and 
that  is  pure  legislation.  It  also  determines  policies  in  the 
matter  of  county  undertakings,  such  as  road  making,  the 
building  of  charitable  institutions,  and  schools,  perhaps; 
that  too  is  legislation.  But  the  principal  work  of  the 
board  is  administrative,  rather  than  legislative,  as  will  be 
seen. 

Legislative  Functions. — Legislation  in  its  broad  aspects 
involves  the  determination  of  civil  and  legal  relationships. 
The  legislative  power  is  the  law-making  power,  and  the 
law  fixes  the  responsibilities,  duties,  rights,  privileges, 
obligations,  claims  and  penalties  that  grow  out  of  the 
social  or  economic  relationships  and  contacts  between  in- 
dividuals, or  between  individuals  and  the  government. 
This  in  its  essence  is  the  law-making  power,  and  the  county 
has  very  little  of  it.  The  county  does  not  define  crimes 
and  fix  penalties.  The  county  does  not  determine  the 
rights  and  duties  of  one  citizen  to  another  and  fix  the 


THE  COUNTY  BOARD  AT  WORK  117 

conditions  under  which  they  may  engage  in  business  rela- 
tions. The  county  exists  largely  for  administrative  pur- 
poses and  the  board  is  primarily  responsible  for  the  proper 
discharge  of  the  administrative  functions.  Hence  it  is  not 
quite  proper  to  speak  of  the  board  as  the  county  legislature. 
Other  analogies  to  city  and  state  are  just  as  difficult  to  make, 
for  there  is  no  distinct  county  judiciary  or  county  executive. 

In  legal  contemplation  the  board  is  the  county  and  has 
the  residuum  of  power,  so  far  as  the  county  is  concerned. 
This  means  that  the  board  exercises  all  powers  granted  to 
it  specifically,  and  it  also  exercises  all  powers  granted  to 
the  county  and  not  specifically  bestowed  upon  any  other 
county  ofiicers.  It  should  be  remembered  always  of  course 
that  a  county  board  must  find  definite  sanction  in  the 
statutes  or  the  constitution  for  every  act  it  undertakes 
to  perform.  This  means  that  its  powers  are  enumerated 
and  delegated,  and  in  no  sense  residual  or  inherent. 

Functions  of  the  Board. — The  statutes  usually  confer 
upon  the  board  the  function  of  exercising  general  super- 
vision over  all  the  activities  of  the  county  and  county 
officers.  This  would  seem  to  be  a  fairly  broad  grant  of 
powers  and  ought  to  put  the  county  board  very  definitely 
at  the  head  of  the  county  government.  But  upon  closer 
analysis  it  will  be  discovered  that  "general  supervision" 
does  not  mean  very  much  unless  the  supervising  authority 
has  power  to  remove,  or  at  least  to  control  in  some  measure, 
the  officers  under  supervision. 

I.  General  Supervision. — This  power  the  board  is  not 
likely  to  have.  The  board  may  investigate,  examine, 
demand  reports  from,  and  criticise  most  of  the  county 
officers,  but  seldom  is  it  able  to  give  authoritative  orders. 
The  clerk,  or  the  auditor,  the  sheriff,  the  attorney,  and 
various  other  county  officers  are  popularly  elected  and 
look  to  the  statutes  to  find  their  duties  enumerated.    Tliis 


Ii8  COUNTY  AND  TOWNSHIP  GOVERNMENT 

illustrates  the  application  of  the  practice  of  administrative 
decentralization.  Such  officers  will  not  take  kindly  to 
attempts  at  authoritative  control  on  the  part  of  the  county 
board,  and  the  board  has  no  means  of  enforcing  its  de- 
mands. Hence  the  function  of  general  supervision  is  apt 
to  be  exercised  in  a  most  perfunctory  manner.  The  func- 
tion of  supervision  ought  to  involve  the  power  to  investigate 
thoroughly,  to  criticise,  to  outHne  changes  in  method  that 
seem  desirable,  and  most  important  of  all — to  give  au- 
thoritative orders  to  the  persons  being  supervised.  Since 
this  cannot  be  done  effectively  in  the  case  of  popularly 
elected  officers,  supervision  over  them  and  their  activities 
usually  involves  nothing  more  than  acceptance  of  the 
formal  reports  which  they  are  obliged  by  law  to  submit 
to  the  board. 

On  the  other  hand,  the  county  board  is  in  a  position  to 
exercise  very  real  supervision  over  the  various  county 
institutions  such  as  poor  farms,  and  hospitals,  if  they  are 
managed  by  superintendents  selected  by  the  board  itself. 
The  board  is  also  able  to  supervise  very  effectively  the 
work  of  such  county  officers  as  are  not  popularly  elected. 
Thus  the  road  commissioner,  or  highway  engineer,  if  he  is 
not  popularly  elected,  does  his  work  under  the  constant 
and  authoritative  supervision  of  the  board.  General  super- 
vision ought  to  mean  a  great  deal  and  it  does  mean  a  great 
de&,l  when  power  is  centralized  in  the  board;  but  it  never 
can  mean  very  much  under  the  present  decentralized 
system,  which  is  found  in  nearly  every  state. 

2.  Keeping  of  Records.— The  board  is  responsible  for 
the  keeping  of  various  coimty  records.  Most  important 
of  these  are  the  records  of  its  own  proceedings.  These 
should  always  be  up  to  date  and  properly  authenticated. 
Records  of  land  transfers,  and  records  of  various  legal 
documents  are  usually  kept  by  the  recorder,  while  the 


THE  COUNTY  BOARD  AT  WORK  iig 

clerk  of  the  court  is  responsible  for  the  court  records.  But 
there  are  certain  other  records  for  which  the  board  should 
be  directly  responsible.  There  should  be  something  in  the 
nature  of  a  claim  register  in  which  all  claims  against  the 
county  are  recorded,  and  there  should  be  a  warrant  book 
in  which  could  be  found  a  record  of  all  warrants  authorized. 
There  ought  to  be  also  a  very  complete  highway  record  in 
which  could  be  found  a  record  of  all  highway  improve- 
ments undertaken,  their  cost,  the  bridges  erected,  and  all 
other  significant  facts  bearing  upon  the  location  and 
condition  of  public  highways. 

Such  records  as  these  enumerated  constitute  a  minimum. 
They  should  be  available  in  any  county  courthouse  and 
the  board  should  be  directly  responsible  for  their  proper 
condition.  But  there  are  other  significant  records  which 
the  board  may  well  be  required  to  keep,  at  the  discretion 
of  the  legislature.  With  the  development  of  state  control 
over  county  administration,  more  complete  records  are 
being  demanded — records  showing  the  location  of  electric 
wires,  pipe  lines,  drainage  systems  and  parks,  railroad  and 
interurban  lines,  cemeteries,  schoolhouses,  and  other 
places  of  interest.  Such  records  may  be  kept  in  a  uniform 
way  in  books  supplied  by  the  state,  and  as  years  go  on  they 
afford  a  mass  of  well-organized  information  of  value  to 
public  officers  and  citizens  alike. 

J.  Determining  Policies. — Upon  assembling  for  its  first 
meeting  a  county  board  is  under  the  necessity  of  facing 
certain  problems  of  policy.  The  field  of  free  action  and 
discretion  for  county  boards  is  rapidly  being  narrowed  by 
the  expansion  of  state  activity,  but  there  still  remain  vciy 
important  problems  for  the  board  to  solve  in  its  own  dis- 
cretion. The  board  must  determine  what  undertakings 
shall  be  launched,  what  buildings  and  institutions  shall  be 
erected,  what  roads  shall  be  cut  through,  what  roads  im- 


ISO  COUNTY  AND  TOWNSHIP  GOVERNMENT 

proved  and  how,  what  bridges  built,  what  machinery  and 
equipment  purchased  and  what  supplies  shall  be  provided 
for  the  various  offices  and  institutions  of  the  county.  It 
is  in  the  exercise  of  this  discretion  that  the  county  board 
functions  primarily  as  an  organ  of  local  self-government, 
even  though  many  of  the  board's  functions  are  purely 
ministerial  and  call  for  the  exercise  of  no  discretion. 

4.  Awarding  Contracts. — Having  decided  upon  these 
various  undertakings,  it  becomes  the  duty  of  the  board  to 
award  contracts  to  the  various  corporations  and  business 
firms  which  desire  to  undertake  the  work.  Letting  of  con- 
tracts is  one  of  the  most  important  tasks  the  board  has  to 
do.  It  is  usually  the  business  in  which  the  members  them- 
selves are  chiefly  interested;  it  is  of  interest  of  course  to 
business  men  who  are  seeking  county  contracts;  and  the 
taxpayer  is  also  vitally  interested  in  the  size  and  number 
of  county  contracts.  Obviously  these  contracts  cover  a 
great  variety  of  subjects;  they  cover  everything  from  lead 
pencils  to  be  used  in  the  school  superintendent's  office  to 
the  building  of  a  million  dollar  courthouse.  Contracts 
must  be  let  for  the  erection  of  new  buildings,  for  the  repair 
and  decoration  of  old  buildings,  for  road  work,  for  the 
building  of  bridges,  for  printing,  stationery,  office  supplies 
of  all  sorts,  and  for  food  and  provisions  to  supply  all  the 
county  institutions.  Even  in  small  counties  these  con- 
tracts amount  to  thousands  of  dollars  each  year,  and  in 
thickly  populated  counties  they  amount  to  milHons  of 
dollars.  It  is  not  surprising,  therefore,  that  the  function  of 
awarding  contracts  should  attract  so  much  attention.  To 
contractors  they  mean  good  business  deals;  to  board 
members  they  mean  patronage,  power  and  prestige;  to 
the  taxpayer  they  mean  economy  or  extravagance. 

A  history  of  county  contracts  would  be  filled  with  many 
disgraceful  episodes.     Contracts  for  public  work,  be  they 


THE   COUNTY  BOARD  AT  WORK  I2l 

granted  by  the  federal  authorities,  states,  or  cities,  are 
always  considered  by  many  unscrupulous  business  men  as 
proper  spoils;  and  by  certain  public  officers  as  unparalleled 
opportunities  for  graft.  Temptations  are  numerous  and 
improper  dealings  are  easily  covered  up.  Probably  county 
contracts  are  susceptible  of  greater  abuse  even  than  city 
contracts.  The  county  board  is  more  obscure  than  the  city 
council  and  its  dealings  are  not  so  much  in  the  public  eye. 
For  this  reason  as  well  as  others,  the  spoilsmen  and  the 
corrupt  politician  are  usually  very  much  in  evidence  when 
county  contracts  are  to  be  awarded. 

County  contracts  do  many  times  exhibit  gross  extrava- 
gance, incompetence,  and  lack  of  business  sense  on  the 
part  of  board  members,  to  say  nothing  of  fraud  and  favorit- 
ism. This  unfortunate  situation  can  be  explained  in  ways 
that  are  not  altogether  to  the  discredit  of  the  board  mem- 
bers. It  is  not  infrequently  a  plain  fact  that  the  members 
do  not  know  enough  about  the  work  in  hand  to  interpret  a 
good  or  bad  contract.  A  contract  for  building  a  hard  sur- 
faced road  involving  deep  cuts  and  much  grading  can  easily 
be  padded  in  such  a  way  as  to  deceive  the  untrained  eyes  of 
board  members.  Contracts  for  printing  and  building 
afford  many  opportunities  for  exploiting  men  who  are  un- 
familiar with  such  work. 

But  of  more  significance  is  the  fact  that  no  single  member 
of  the  board,  and  no  other  county  officer,  assumes  personal 
responsibility  for  seeing  that  programmes  of  work,  and  the 
purchase  of  supplies,  are  being  planned  in  the  most  econom- 
ical way.  Several  building  projects,  repairing  operations, 
j)ainting  and  decorating  programmes  might  all  be  included  in 
one  single  contract  in  order  to  effect  great  economies.  The 
printing  of  election  ballots,  and  the  stationery  for  all 
county  offices  could  often  be  embraced  in  one  contract.  Sup- 
plies of  food  for  all  county  institutions  could  be  provided 


122  COUNTY  AND  TOWNSHIP  GOVERNMENT 

under  the  terms  of  a  single  contract;  and  through  careful 
planning,  such  as  always  must  be  done  by  successful  busi- 
ness firms,  county  contracts  could  be  greatly  improved. 
But  there  is  nobody  to  assume  responsibility  for  this  and 
the  result  is  that  perfectly  legitimate  and  unimpeachable 
contracts  may  still  be  very  uneconomical  when  viewed  all 
together. 

Added  to  this  ineptitude  on  the  part  of  county  boards 
is  the  fact  that  great  pressure  is  brought  to  bear  upon  them 
to  award  these  contracts  in  a  liberal  way.  Contractors  and 
the  representatives  of  business  firms  are  constantly  seeking 
to  bring  political  pressure  upon  various  members  in  order  to 
secure  contracts.  Members  themselves  always  have  their 
friends  and  favorites  whom  they  hope  to  see  legitimately 
benefited  in  one  way  or  another.  And  when  the  county 
board  is  a  large  one  there  is  always  more  or  less  log-rolHng 
among  the  different  members  in  order  that  each  may  gain 
the  advantages  he  is  seeking.  Board  members  can  always 
make  a  great  many  friends  by  awarduig  numerous  and 
liberal  contracts,  and  they  are  not  likely  to  make  any 
enemies  by  doing  so.  On  the  other  hand,  a  close-fisted 
board  invariably  makes  a  great  many  enemies  who  are 
often  very  powerful.  Virtue  must  be  its  own  reward  in 
this  connection.  A  parsimonious  and  economical  board 
has  small  chance  of  permanence  in  office,  whereas  the 
liberal  and  free-handed  board  quickly  builds  up  a  large 
following  to  sing  its  praises  and  send  the  members  back 
again  to  office.  All  these  factors  combined  are  apt  to  have 
a  demoralizmg  effect  and  are  largely  responsible  for  extrava- 
gance and  wastefulness. 

State  legislatures  have  been  keenly  aware  of  this  situation 
and  have  done  about  all  that  can  be  done  through  law  to 
prevent  the  abuses  that  are  most  obvious.  Thus  it  is  usu- 
ally required  that  county  boards  must  advertise  for  bids  or 


THE  COUNTY  BOARD  AT  WORK  123 

county  work  if  it  is  to  cost  more  than  a  certain  fixed  mini- 
mum, such  as  one  or  two  thousand  dollars.  This  require- 
ment serves  two  very  important  purposes.  In  the  first 
place  it  brings  the  project  into  the  light,  it  makes  it  im- 
possible for  the  board  to  engage  more  or  less  secretly  in 
expensive  undertakings.  Secondly,  it  gives  every  con- 
tractor or  business  firm  an  equal  opportunity  to  figure  on 
the  contract,  for  any  person  who  desires  it  must  be  supplied 
with  data  and  specifications  on  which  he  can  base  an  intel- 
ligent bid. 

It  is  further  required  that  all  bids  must  be  sent  in  to  the 
board  sealed,  before  a  certain  day;  unsealed  bids  cannot 
be  accepted.  These  bids  are  opened  in  regular  meeting, 
the  day  and  hour  having  been  fixed.  It  is  expected  of 
course  that  all  interested  persons  will  be  present.  The 
board  is  then  expected  to  award  the  contract  to  the  lowest 
responsible  bidder.  However,  it  would  not  be  wise  to  bind 
the  board  too  closely  in  this  regard  for  many  factors  may 
enter  into  a  situation  of  which  a  hard  and  fast  law  could 
take  no  account.  A  bid  might  be  so  low  as  justly  to  arouse 
suspicion,  though  on  its  face  nothing  would  appear  to  be 
wrong.  There  might  be  good  reason  to  doubt  the  compe- 
tence of  the  lowest  bidder  though  his  integrity  be  unques- 
tioned. Paving  and  roadbuilding  contracts  have  been 
awarded  frequently  to  woefully  incompetent  contractors 
with  deplorable  results.  Thus  to  put  the  county  board  in  a 
strait-jacket  in  this  matter  of  awarding  contracts  might 
do  more  harm  than  good.  Boards  may  therefore  reject  a 
hid  on  the  ground  that  the  bidder  is  irresponsible,  or  they 
may  reject  all  bids  and  advertise  again  for  new  ones.  This 
is  very  frequently  done,  and  need  not  prejudice  the  inter- 
ests of  any  reliable  bidder.  In  practice,  boards  sometimes 
ignore  the  spirit  of  the  law  and  deliberately  award  the  con- 
tract to  a  favorite  whether  or  not  his  bid  is  low. 


124  COUNTY  AND  TOWNSHIP  GOVERNMENT 

These  legal  safeguards  have  done  much  to  eradicate  the 
grosser  abuses  that  have  enveloped  county  contracts,  but 
there  are  many  ways  of  circumventing  them.  The  simplest 
and  most  difficult  to  remedy  is  collusion  on  the  part  of 
bidders.  There  may  be  only  two  or  three  firms  competent 
to  handle  the  work  in  question.  A  clear  understanding 
among  them  may  result  in  their  passing  around  the  county 
work  at  their  own  figures.  This  is  notoriously  true  of 
printing  contracts,  and  where  the  law  does  not  forbid, 
indignant  county  boards  have  sometimes  gone  outside 
their  own  states  to  find  trustworthy  contractors. 

Other  times  responsibility  for  defeating  the  spirit  of 
the  law  lies  very  definitely  with  the  board  itself.  It  may 
deliberately  refuse  to  award  the  contract  to  the  bidder  who 
is  entitled  to  receive  it  by  declaring  him  to  be  irresponsible, 
and  he  is  tacitly  defied  to  take  his  case  before  the  courts  in 
order  to  oblige  the  board  to  award  him  the  contract. 
Through  bitter  experience  contractors  have  learned  that 
it  does  not  pay  to  secure  contracts  by  such  disagreeable 
methods.  Even  if  he  wins  out,  a  contractor  is  likely  to 
find  the  details  of  the  contract  enforced  upon  him  rigorously 
by  county  authorities,  his  work  may  be  rejected  on  frivolous 
grounds  as  being  unsatisfactory;  during  the  progress  of  his 
work  he  may  be  tormented  by  inspectors,  and  finally  his 
pay  may  be  held  up  on  various  pretenses  for  a  very  long 
time.  Thus  it  is  that  boards  are  rarely  challenged  in  the 
courts  for  the  awards  that  they  have  made;  and  thus  it  is 
that  frequently  the  best,  most  reliable  and  trustworthy 
contractors  and  business  firms  will  have  nothing  to  do  with 
county  work,  they  do  not  even  care  to  enter  bids  and  have 
no  desire  to  do  work  for  the  county. 

5.  Purchasing  Land. — It  is  sometimes  necessary  for  the 
county  board  to  purchase  land,  which  of  course  it  has  power 
to  do  for  certain  purposes.    It  is  necessary  to  acquire  la  ad 


THE  COUNTY  BOARD  AT  WORK  125 

for  the  various  county  institutions  such  as  the  poorhouse 
and  schools;  and  it  is  frequently  desirable  to  cut  through 
new  roads  or  alter  the  course  of  old  ones.  This  may  in- 
volve the  purchase  of  large  tracts  of  land  and  frequently 
leads  to  condemnation  proceedings  and  long,  expensive 
litigation. 

6.  Making  Rules  and  Regulations. — It  Is  the  duty  of 
the  county  board  to  make  all  needful  rules  and  regulations 
for  the  management  of  county  institutions.  There  is 
always  the  courthouse,  the  jail  and  the  poorhouse,  and 
there  may  be  other  institutions  such  as  hospitals  or  even 
county  libraries.  Each  of  these  Institutions  is  under  the 
personal  direction  of  some  particular  officer,  but  the  county 
board  prescribes  in  considerable  detail  such  rules  and 
regulations  as  may  be  necessary.  The  board  ought  to 
have  power  to  appoint  these  officials,  for  then  they  can 
be  controlled.  But  if  they  are  elected,  the  rules  and  regu- 
lations of  the  county  board  are  not  taken  very  seriously 
and  the  members  of  the  board  give  but  scant  attention 
to  the  matter. 

7.  Appointing  Minor  Officers. — With  the  expansion  of 
the  administrative  activities  of  the  state  and  county  more 
officers  are  needed  to  carry  on  the  work,  and  each  decade 
witnesses  a  lengthening  of  the  list  of  minor  officers  whom 
the  county  board  is  empowered  to  appoint.  Thus  stewards 
of  the  poor  fanns,  superintendents  for  other  institutions, 
health  officers,  surveyors  and  engineers,  to  say  nothing  of 
an  array  of  deputies  to  the  older  county  officers,  compose  a 
very  respectable  amount  of  patronage  that  rests  In  the 
hands  of  the  county  board.  The  law  often  permits  the 
board  to  appoint  assistants  and  deputies  as  they  are 
needed;  and  as  for  the  newer  officers,  short  ballot  agita- 
tion has  at  least  been  effective  in  that  it  results  in  making 
most  of  them  appointive  rather  than  elective. 


126  COUNTY  AND  TOWNSHIP  GOVERNMENT 

Probably  county  boards  are  no  worse  than  similar  ap- 
pointing authorities  in  the  abuse  of  their  patronage;  but 
county  government  is  more  or  less  in  the  dark,  does  not 
attract  the  same  public  attention  that  city  government 
does  for  instance,  and  it  is  rather  easy  for  county  boards 
to  overload  the  pay  roll  with  needless  assistants  and  depu- 
ties unless  the  law  guards  against  it.  The  civil  service 
merit  system  seldom  applies  to  county  appointments,  al- 
though it  is  sufficiently  obvious  that  it  is  needed  as  much 
in  connection  with  county  appointments  as  it  is  needed 
anywhere.  Assistants  in  the  auditor's  office,  the  treas- 
urer's or  the  collector's  office,  and  all  the  workers  about 
the  courthouse  might  well  be  under  some  sort  of  merit 
system  of  appointment. 

8.  Extending  Poor  Relief. — Usually  the  members  of 
the  county  board  individually  have  power  to  commit 
persons  to  the  poorhouse  or  to  other  county  charitable 
institutions,  while  the  board  as  a  whole  authorizes  the 
use  of  funds  for  outdoor  relief.  But  the  functions  of  the 
various  county  officers  in  this  connection  will  be  discussed 
later,  under  the  subject  of  local  charities. 

p.  Providing  Supplies. — The  county  board  must  provide 
all  the  county  officers  and  institutions  with  necessary 
supplies  and  equipment.  This  gives  the  board  an  oppor- 
tunity to  control  these  officers  and  institutions  to  a  certain 
extent  even  when  the  board  does  not  have  direct  and 
positive  authority  over  them.  The  activities  of  an  officer 
or  an  institution  may  be  greatly  hampered  or  developed 
through  the  granting  or  withholding  of  supplies  and  equip- 
ment. The  finance  officers  need  adequate  books  and 
modem  equipment  for  the  proper  discharge  of  their  duties. 
The  register  of  deeds  needs  suitable  office  equipment.  The 
highway  officials  need  proper  machinery  and  equipment 
to  do  their  work.    The  school  officers  need  supplies  to  do 


THE   COUNTY  BOARD  AT  WORK  127 

their  work  in  the  most  approved  way.  And  it  is  obvious 
that  the  usefulness  of  such  institutions  as  the  poorhouse 
and  farm  is  greatly  affected  by  the  liberality  of  the  board 
in  providing  equipment,  furnishings,  and  supplies. 

In  order  to  provide  supplies  intelligently  someone  must 
do  a  great  deal  of  careful  investigating,  or  else  the  matter 
is  likely  to  be  handled  in  a  most  unbusinesslike  and  ex- 
travagant manner.  There  is  of  course  the  temptation  to 
allow  unnecessary  supplies  in  order  to  make  large  contracts 
for  political  purposes;  but  dismissing  this  consideration  it 
can  be  said  that  the  chief  trouble  grows  out  of  diffused 
responsibility.  There  is  seldom  any  one  officer,  who  might 
be  called  a  purchasing  agent,  whose  business  It  is  to  pur- 
chase supplies  for  all  the  county  oflfices  and  institutions. 
Ordinarily  each  official  makes  his  requisition  upon  the 
board  Individually,  and  each  request  is  judged  upon  its 
own  merits.  There  ought  to  be  one  responsible  officer 
whose  business  it  would  be  to  purchase  supplies  for  all 
offices  and  institutions.  By  a  system  of  centralized  pur- 
chasing great  economies  could  be  effected  and  supplies 
could  be  provided  much  more  intelligently. 

This  is  particularly  true  In  the  large  and  more  populous 
counties  when  there  are  many  offices  to  be  supplied  with  a 
variety  of  materials,  and  numerous  institutions  to  be  kept 
supplied  with  food,  fuel  and  other  things.  If  the  purchasing 
is  all  done  through  one  responsible  person  the  entire  pur- 
chasing power  of  the  county  Is  concentrated;  hence  goods 
can  be  purchased  In  large  quantities  at  the  best  prices. 
The  Individual  who  has  the  work  In  charge  will  develop 
skill  in  bargaining  and  will  learn  of  the  best  markets  and 
the  character  of  competing  firms.  Such  a  centralized 
method  of  purchasing  would  encourage  the  best  fimis  to 
enter  competition.  Responsibility  for  purchases  would 
be  clearly  located.     And  such  a  method  would  penniL  of 


128  COUNTY  AND  TOWNSHIP  GOVERNMENT 

standardization  of  different  types  of  supplies.  Great 
strides  In  the  direction  of  centralized  purchasing  are  being 
made  in  the  various  state  governments  and  there  is  no 
reason  why  great  economies  cannot  be  made  in  county 
governments  if  county  boards  would  but  adopt  the  principle. 

Also,  it  may  be  added,  the  budget  principle  as  worked 
out  in  many  municipalities  and  in  a  few  state  governments 
might  well  be  applied  to  counties.  In  the  past  it  has  been 
the  universal  practice  for  state  legislatures  to  handle  ap- 
propriation measures  one  at  a  time,  judging  each  upon  its 
merits  and  without  regard  to  what  other  expenditures  It 
might  become  necessary  to  make,  and  with  small  regard 
to  available  revenue.  The  same  policy  has  been  followed 
by  city  councils  and  for  the  most  part  is  still  followed  by 
county  boards.  They  are  likely  to  take  up  each  proposed 
expenditure,  be  it  for  road  purposes,  the  maintenance  of 
the  poorhouse  or  supplies  for  the  treasurer's  office,  examine 
it  carefully,  pass  it,  and  go  on  to  the  next.  There  may 
be  many  weeks  between  the  passsage  of  these  various 
appropriation  measures,  and  thus  expenditures  are  made, 
each  without  regard  to  the  other,  until  gradually  they 
accumulate  to  unexpected  proportions  and  it  is  found  that 
the  tax  rate  must  be  raised  to  a  point  which  the  board 
members  never  intended. 

If,  however,  a  budget  were  prepared  early  in  the  fiscal 
year  and  presented  to  the  board,  much  of  this  embarrass- 
ment could  be  overcome,  and  appropriations  could  be  made 
much  more  intelligently.  The  county  clerk  or  auditor 
could  have  the  preparation  of  such  a  budget  personally  in 
hand,  though  of  course  It  would  necessarily  be  subjected 
to  the  scrutiny  of  the  board.  Each  county  officer,  and  the 
person  in  charge  of  each  county  institution  or  activity 
could  present  to  the  budget  officer  an  estimate  of  what  the 
cost  of  carrying  on  his  work  for  the  coming  year  would  be. 


THE  COUNTY  BOARD   AT  WORK  129 

These  estimates  should  be  in  considerable  detail.  The 
budget  ofiScer  could  then  combine  them  into  one  orderly 
statement,  and  add  to  it  such  other  information  as  might 
be  desirable.  There  would  be  a  statement  of  the  amount 
spent  through  each  office  the  preceding  year,  and  if  a  larger 
sum  were  asked  for  some  explanation  should  be  included 
in  the  statement.  The  budget  officer  should  make  his  own 
recommendations  in  the  light  of  the  various  amounts  that 
were  requested;  and  finally  he  should  add  a  statement  of 
the  exact  financial  condition  of  the  county,  in  order  to 
show  just  what  tax  rate  it  would  be  necessary  to  apply  in 
order  to  cover  all  the  estimates. 

Such  a  document  would  be  a  budget.  It  should  be  laid 
before  the  county  board  and  studied  thoroughly.  The 
members  would  thus  have  before  them  a  complete  survey 
of  proposed  appropriations  and  revenues  and  could  cut 
and  trim  here  and  there  with  confidence  and  intelligence, 
knowing  just  how  they  were  going  to  come  out  at  the  end 
of  the  year.  The  budget  principle  is  very  simple,  logical, 
clear  and  in  every  way  sensible  and  businesslike.  Its 
practical  applicatioa  might  entail  certain  difficulties,  but 
would  always  make  for  improvement,  be  it  ever  so  slight. 

10.  Passing  Upon  Claims. — It  is  the  function  of  the 
county  board  to  pass  on  all  claims  against  the  county. 
Every  claim  for  compensation,  be  it  for  service  rendered, 
supplies  provided,  or  contract  fulfilled,  are  entered  in  a 
proper  record  and  come  before  the  county  board  at  a 
regular  meeting.  No  claim  may  be  paid  unless  it  has  been 
approved  by  the  board.  Most  of  them  are  based  on  con- 
tracts previously  entered  into,  and  the  only  question  in- 
volved is  whether  or  not  the  provisions  of  the  contract 
have  been  fulfilled.  Other  claims  are  usually  for  minor 
amounts  and  are  passed  as  matters  of  routine  business. 

Unfortunately  it  seldom  happens  that  any  one  individual 


I30  COUNTY  AND  TOWNSHIP  GOVERNMENT 

takes  responsibility  for  examining  Into  the  merits  of  these 
claims.  They  may  be  laid  before  the  board  by  the  auditor 
or  clerk  without  any  comment  whatever,  the  board  members 
are  apt  to  be  more  or  less  indifferent  and  to  pass  them  in  a 
perfunctory  way,  assuming  that  the  claims  are  perfectly 
legitimate.  As  a  result  of  this  careless  way  of  handling 
such  business  It  has  happened  that  county  boards  have 
approved  the  same  claim  two  or  even  three  times,  and 
thus  some  unscrupulous  person  has  been  paid  twice  for  his 
work  or  his  goods.  Such  carelessness  makes  It  possible  for 
unreasonable  and  padded  claims  to  slip  through  and  thus 
opens  the  door  to  petty  graft  which  in  the  long  run  mounts 
up  to  very  large  sums. 

There  ought  to  be  some  individual,  preferably  someone 
strictly  accountable  to  the  board,  who  would  have  the 
function  of  examining  carefully  into  the  merits  of  all 
claims,  and  the  making  of  recommendations  to  the  board 
on  each  one.  The  members  of  the  board  naturally  would 
hesitate  to  repudiate  the  recommendations  of  such  an 
officer  unless  they  had  examined  Into  the  case  very  thor- 
oughly themselves. 

After  a  claim  has  been  passed  by  the  board  a  record  Is 
made  of  the  fact,  and  a  warrant  is  Issued  by  the  proper 
officer  and  sent  to  the  claimant.  This  warrant  when  pre- 
sented to  the  treasurer  entitles  the  holder  to  the  sum 
named  In  the  warrant.  In  case  a  claim  Is  not  allowed  by 
the  board  the  only  recourse  of  the  claimant  Is  to  bring  civil 
action  against  the  county.  The  county  must  appear  In 
the  court,  through  its  attorney,  and  answer  to  the  charges 
made.  If  the  decision  goes  against  the  county  the  board 
has  no  alternative  but  to  allow  the  claim. 

II.  Administering  Tax  Machinery. — The  county  is  an 
important  unit  for  the  administration  of  the  tax  machinery, 
and  the  board  has  certain  duties  In  this  connection.    In 


THE  COUNTY  BOARD  AT  WORK  131 

the  first  place  the  board  determines  the  tax  rate  which  it 
will  be  necessary  to  apply  in  order  to  raise  the  money 
which  the  board  itself  has  decided  to  spend.  It  has 
been  frequently  pointed  out  in  this  connection  that  here 
is  involved  a  most  undesirable  combination  of  finan- 
cial powers  in  the  hands  of  a  single  authority.  In  the 
first  place,  the  board  decides  what  enterprises  are  to  be 
launched,  then  it  makes  the  necessary  appropriation, 
then  it  levies  a  tax  in  order  to  raise  the  money,  and  finally 
the  money  is  collected  and  spent  under  the  board's  super- 
vision. There  is  no  other  authority  competent  to  check 
or  restrict  the  board  at  any  point  in  this  procedure,  for 
there  is  no  independent  executive  in  the  county  or- 
ganization as  there  is  in  city,  state  or  federal  govern- 
ment. 

The  general  property  tax  is  the  principal  source  of 
public  revenue  in  every  one  of  the  states,  and  in  order  to 
apply  it  the  county  board  must  have  at  hand  a  complete 
record  of  all  the  real  and  personal  property  owned  within 
the  county,  with  an  assessed  valuation  placed  against  it. 
Then  after  the  county  board  has  determined  the  amount 
of  money  in  dollars  and  cents  that  will  be  needed  to  carry 
on  county  activities  for  the  ensuing  year  this  sum  is  divided 
by  the  total  assessed  valuation  of  all  the  taxable  property 
within  the  county.  This  operation  will  produce  a  fraction 
which  can  be  interpreted  as  a  tax  rate,  expressed  in  terms 
of  per  cent,  or  mills — a  mill  being  one-tenth  of  one  per  cent. 
This  rate,  if  applied  to  all  the  property  in  the  county,  will 
produce  the  necessary  revenue. 

The  rate  is  authorized  by  the  county  board.  But  the 
determination  of  a  rate  necessary  to  raise  money  for 
county  expenses  is  not  the  only  function  of  the  board  in 
connection  with  tax  administration.  The  county  ordi- 
narily is  the  channel  through  which  all  taxes  are  collected. 


132  COUNTY  AND  TOWNSHIP  GOVERNMENT 

Therefore  it  is  necessary  for  the  board  to  apply  a  rate  in 
order  to  raise  revenue  for  every  other  taxing  area.  The 
state  authorities  determine  the  rate  which  must  be  ap- 
pHed  in  order  to  raise  money  for  the  state — and  this  is 
added  to  the  rate  j5xed  by  the  county  board.  If  there  be 
any  cities  within  the  county  they  usually  certify  to  the 
county  board  the  amount  which  they  will  need,  and  a  rate 
is  applied  for  them.  So  too  the  townships  and  minor  areas, 
such  as  school,  park  or  drainage  districts  which  are  privi- 
leged to  levy  taxes,  certify  to  the  board  the  amount  which 
they  will  require.  However,  the  law  imposes  a  certain 
limit  above  which  tax  rates  may  not  go ;  thus  it  is  forbidden 
that  the  rate  for  a  certain  purpose  shall  exceed  a  certain 
percentage  of  assessed  values. 

The  county  board  directs  the  preparation  of  tax  state- 
ments for  each  property  owner,  and  taxes  are  then  collected 
through  the  proper  officers,  under  the  general  supervision 
of  the  board.  It  is  then  necessary  to  distribute  the  funds 
among  the  various  taxing  areas,  the  county  retaining  that 
portion  to  which  it  is  entitled.  As  a  matter  of  fact  the 
members  of  the  county  board  do  not  have  very  much  to 
do  with  the  actual  administration  of  the  tax  machinery. 
There  is  a  vast  amount  of  clerical  work  to  be  done,  and 
very  few  opportunities  for  the  exercise  of  discretion,  so  the 
board  has  but  little  more  to  do  than  to  provide  the  necessary 
staff  and  see  that  the  work  is  properly  done. 

12.  Serving  as  a  Board  of  Review. — A  much  more  sig- 
nificant function  for  the  board  to  perform  is  that  of  serving 
as  a  board  of  review  for  the  equalization  of  assessments 
as  between  individual  property  owners  or  as  between 
townships.  In  those  states  where  assessments  are  made 
by  township  assessors  the  township  board  of  trustees,  or 
some  other  township  authorities,  sit  as  a  board  of  review 
to   hear   complaints  from  individuals  who  may  protest 


THE   COUNTY  BOARD  AT  WORK  133 

that  their  property  has  been  assessed  at  too  high  a  figure 
relative  to  the  value  at  which  other  property  has  been 
assessed.  And  when  this  is  the  case,  the  county  board,  or  a 
committee  thereof,  sits  as  a  board  of  review  only  to  equal- 
ize assessed  values  as  between  townships.  Thus  if  the 
assessor  in  one  township  has  consistently  placed  values 
on  the  property  within  his  jurisdiction  at  too  low  a  figure, 
compared  to  the  values  assessed  in  neighboring  townships, 
the  county  board,  as  a  board  of  review,  is  competent  to 
raise  them. 

I  J.  Approving  Bonds. — Another  duty  of  the  county 
board  is  to  approve  the  bonds  of  county  officers.  Certain 
of  the  county  ofiicers,  particularly  those  who  have  the 
handling  of  public  funds,  are  obliged  to  supply  bonds  in- 
tended to  protect  the  county  in  case  the  officer  should  defal- 
cate. Public  officers  formerly  were  put  to  the  necessity  of 
finding  personal  friends  or  relatives  who  would  "go  their 
bond,"  but  to-day  there  are  many  responsible  bonding 
firms  which  will  supply  bonds  at  a  fixed  premium  in  very 
much  the  same  way  that  insurance  is  provided.  Hence 
the  function  of  the  county  board  has  come  to  be  quite 
perfunctory  and  bonds  are  provided  strictly  on  a  busi- 
ness basis,  the  officer  no  longer  being  obliged  to  seek 
friends  willing  to  vouch  for  his  honesty  with  their 
pocketbooks. 

14.  Supervising  Elections. — The  county  is  the  prin- 
cipal unit  for  the  conduct  of  elections,  and  the  county  board 
has  certain  important  duties  in  this  connection.  The  board 
usually  makes  up  the  official  ballot,  indicates  the  polling 
places,  and  provides  each  polling  place  with  all  the  physical 
equipment  necessary,  such  as  ballot  boxes,  and  poll  books. 
The  board  appoints  the  judges  of  election,  unless  the  law 
provides  for  their  appointment  in  some  other  way;  and 
has  general   supervision   over   the   elections.     The  board 


134  COUNTY  AND   TOWNSHIP   GOVERNMENT 

must  canvass  the  returns,  issue  certificates  of  election  to 
those  who  have  been  elected  to  county  offices,  and  certify 
the  results  of  the  election  in  the  case  of  other  officers 
to  the  proper  authorities,  state  or  city. 

15.  Minor  Functions. — In  addition  to  these  duties  of 
the  county  board  which  have  been  discussed  in  more  or 
less  detail,  there  is  a  great  variety  of  petty  functions 
which  it  would  be  impossible  to  enumerate.  The  board 
makes  up  jury  lists,  fills  vacancies  that  occur  in  county 
offices,  orders  land  surveys,  may  change  township  lines, 
and  perform  a  multitude  of  other  miscellaneous  and  un- 
related functions.  The  ordinance-making  power  of  the 
board  has  come  to  be  of  very  small  importance,  but  in  the 
absence  of  state  legislation  a  county  board  is  usually 
competent  to  pass  petty  ordinances  deafing  with  such 
matters  as  the  suppression  of  nuisances,  the  removal  of 
obstructions  from  the  highway,  the  cutting  of  noxious 
weeds,  the  restraint  of  stray  animals,  pollution  of  streams, 
and  the  preservation  of  public  health.  However,  it  is 
usually  quite  unnecessary  for  the  county  board  to  concern 
itself  with  these  matters  because  the  state  legislature  is 
likely  to  have  enacted  sufficient  law  to  cover  such  cases, 
and  county  ordinances  would  be  superfluous. 

Finally,  the  county  board  may  be  authorized  to  issue 
licenses  for  pool  rooms,  dance  halls  and  amusement  resorts 
which  are  established  outside  the  limits  of  any  munici- 
pality. Before  the  eighteenth  amendment  to  the  federal 
constitution  was  passed,  the  granting  of  licenses  to  sell 
liquor  was  frequently  no  small  part  of  the  duties  of  the 
county  board. 

This  completes  a  general  survey  of  the  organization  and 
functions  of  a  typical  county  board.  It  must  be  remem- 
bered, however,  that  there  are  some  three  thousand  county 
boards  in  the  United  States  operating  under  the  laws  of 


THE  COUNTY  BOARD  AT  WORK  135 

forty-eight  different  commonwealths,  and  that  there  are 
wide  divergencies  in  the  character  of  these  boards.  It 
would  be  impossible  to  go  more  into  detail  in  a  consider- 
ation of  their  functions  without  presenting  endless  varia- 
tions. 


CHAPTER  VIII 
THE  CLERICAL  OFFICES 

There  is  no  County  Executive. — Inasmuch  as  the 
county  is  not  a  major  area  of  government  it  does  not  neces- 
sarily require  a  complete  structure  of  governmental  machin- 
ery. In  a  major  area  of  government  a  chief  executive  is  vir- 
tually indispensable ;  and  in  certain  of  the  minor  areas  also, 
chief  executives  are  to  be  found.  Thus  there  are  the  mayors 
of  cities,  and  the  village  presidents.  But  it  has  not  been  the 
practice  in  the  United  States  to  establish  chief  executive 
oflficers  in  the  counties  or  the  townships;  although  it  is 
believed  by  many  that  county  government  would  be 
greatly  improved  if  there  were  a  chief  executive. 

Executive  Functions: 

1.  To  Represent  a  Government. — It  is  the  business  of  a 
chief  executive  to  represent  his  area  of  government  in  its 
political  and  corporate  character.  He,  as  an  individual, 
speaks  for  the  political  entity  of  which  he  is  the  executive. 
He  announces  the  policies  of  his  government.  He  con- 
ducts diplomatic  relations.  He  promulgates  the  law; 
and  in  a  word  he  is  the  voice  of  his  government.  The 
President  of  the  United  States,  the  governors  of  the  various 
states,  and  the  mayors  of  cities,  are  all  chief  executives  in 
this  sense.  They  are  the  individuals  who  personally 
represent  their  governments,  and  it  is  through  them  that 
these  governments  hold  communication  with  the  rest  of 
the  world. 

2.  To  Execute  the  Law. — Another  elementary  function 
of  a  chief  executive  is  to  see  to  it  that  the  people  within  his 

136 


THE  CLERICAL  OFFICES  137 

jurisdiction  obey  the  law.  He  executes  the  law.  Thus 
he  is  expected  to  see  to  it  that  the  will  of  the  law-making 
power  is  fulfilled.  Obviously  this  is  a  most  elementary 
function,  be  it  exercised  by  an  aboriginal  chieftain  or  the 
President  of  the  United  States;  and  in  the  fundamental 
aspects  their  duties  are  no  different.  The  one  enforces 
the  law  upon  his  subjects  through  force  and  \iolence,  the 
other  does  the  same  through  elaborate  governmental 
machinery  devised  for  the  purpose. 

J.  To  Supervise  Administration. — A  third  primary  func- 
tion of  an  executive,  closely  related  to  the  function  just 
mentioned,  is  that  of  supervising  and  directing  the  ad- 
ministration. Whenever  a  government  undertakes  to  do 
things,  to  erect  buildings,  to  collect  taxes,  to  build  a 
navy,  to  manage  a  railroad,  or  to  build  a  one-room  school- 
house,  some  individuals  must  undertake  personal  responsi- 
bihty  for  doing  the  work.  The  people  who  do  this  are 
known  collectively  as  "the  administration,"  although  it 
is  customary  to  use  the  phrase  when  referring  only  to  the 
principal  officers.  The  executive  is  chief  of  the  adminis- 
tration. It  may  be  the  case  that  the  executive  has  little 
actual  control  over  the  administrative  officers,  but  in 
poUtical  theory  at  least  the  executive  is  at  the  head  of  the 
administration,  and  sees  to  it  that  those  things  which  the 
legislature  wants  done  by  the  government  are  done  through 
the  administrative  officers. 

It  is  unnecessary  to  go  further  into  the  functions  of 
an  executive;  those  mentioned  are  basic,  elementary  and 
fundamental.  He  personally  represents  his  government 
and  speaks  for  it,  he  enforces  the  law,  and  he  directs  the 
administration. 

The  question  now  arises:  is  there  to  be  found,  or  should 
there  be,  an  officer  to  perform  these  elementary  govern- 
mental functions  for  the  county? 


138  COUNTY  AND  TOWNSHIP  GOVERNMENT 

County  Executive  not  Needed. — It  is  seldom  necessary 
that  the  county  should  have  an  individual  to  speak  for, 
or  to  represent  it.  The  county  does  not  carry  on  diplomatic 
negotiations,  there  is  little  correspondence  with  other 
areas  of  government,  and  a  board  of  commissioners  or 
supervisors  with  the  aid  of  a  clerical  officer  is  entirely 
competent  to  exercise  the  executive  function  of  speaking 
for  the  county.  As  for  the  function  of  enforcing  the  law 
upon  individuals,  it  will  be  remembered  that  the  county 
exercises  no  extensive  law-making  power.  There  is  no 
real  county  legislature  and  hence  no  need  for  any  county 
executive  to  execute  county  laws.  As  for  the  state  law, 
that  is  enforced  within  the  county  by  various  independent 
officers  such  as  the  public  prosecutor  and  the  sheriff. 

There  are,  however,  certain  administrative  officers  in  the 
county,  and  they  might  well  be  under  the  control  of  a 
county  executive  if  there  were  one.  But  such  is  not  the 
practice.  These  administrative  officers  are  largely  inde- 
pendent, and  when  they  are  not  entirely  so  they  are  made 
responsible  to  state  officers  or  to  the  county  board. 

County  Board  is  the  County  Executive. — It  is  to  be  ob- 
served, then,  that  in  so  far  as  executive  functions  are  per- 
formed in  behalf  of  the  county  it  is  the  county  board  which 
performs  them.  If  these  functions  were  very  numerous  or 
important  it  would  be  quite  necessary  to  have  an  independ- 
ent chief  executive  for  the  county;  but  the  situation  being 
as  it  is,  the  county  board  is  able  to  function  as  an  executive 
in  a  reasonably  satisfactory  manner. 

Clerks  and  Auditors. — But  a  clerical  officer  is  needed  in 
this  connection  as  well  as  for  other  purposes.  He  is  found 
in  the  person  of  the  county  clerk  or  county  auditor.  In 
about  one-half  of  the  states  he  is  known  as  the  county 
clerk,  in  the  others  he  is  called  the  auditor,  though  the 
functions  performed  in  either  case  are  virtually  the  same. 


THE  CLERICAL  OFFICES  I39 

In  less  than  a  dozen  states  both  officers  are  found,  and  in 
these  states  the  auditor  confines  his  attention  exclusively 
to  finance  matters,  while  the  clerk  performs  all  the  typically 
clerical  and  secretarial  functions  discussed  below. 

The  terms  clerk  and  auditor  are  each  suggestive  of  cer- 
tain distinct  functions.  A  clerk  is  one  who  keeps  the 
records  and  does  the  secretarial  work  for  a  deliberative 
body  such  as  a  legislature,  a  council,  or  a  board;  or  he  is 
one  who  keeps  the  records  of  a  court.  Thus  it  might  be 
expected  that  the  county  clerk  would  be  secretary  of  the 
board,  and  possibly  keep  the  records  of  the  court.  He  does 
almost  invariably  serve  as  secretary  of  the  county  board, 
and  in  a  few  states  also  keeps  the  records  of  the  county  or 
district  court.  However,  in  a  majority  of  states  there  is  to 
be  found  a  clerk  of  court  known  sometimes  as  the  county 
clerk  or  circuit  clerk,  but  who  performs  this  latter  function, 
and  who  is  in  no  sense  a  secretary  for  the  board.  Con- 
fusion is  apt  to  arise  when  both  officers  are  referred  to  as 
the  county  clerk.  The  county  clerk  is  primarily  secretary 
of  the  board  and  may  or  may  not  also  serve  as  clerk  of 
court.  The  clerk  of  court  simply  keeps  court  records,  does 
secretarial  work  for  the  court  and  has  no  relations  with  the 
county  board.  And  when  he  is  known  as  county  clerk,  the 
officer  who  functions  as  secretary  of  the  board  is  usually 
known  as  county  auditor.* 

The  term  auditor  is  suggestive  of  finance  operations. 
Primarily  an  auditor  is  one  who  inspects  finance  accounts  of 
other  officers,  and  authorizes  payments  from  the  treasury. 
But  in  a  large  number  of  states  where  a  county  auditor  is 
found  he  does  not  confine  himself  to  finance  matters  but 
performs  all  of  the  functions  of  a  county  clerk,  except  that 
he  does  not  serve  as  clerk  of  court.* 

*  The  situation  is  illustrated  in  the  neighboring  states  of  Iowa  and  Illinois. 
In  Iowa  the  county  clerk  is  simply  a  clerk  of  court,  while  a  county  auditor 


I40  COUNTY  AND  TOWNSHIP  GOVERNMENT 

The  duties  of  all  three  of  these  officers  must  be  per- 
formed in  every  county,  but  there  are  only  two  states 
where  all  three  officers  are  found.  In  the  other  states  the 
functions  are  so  combined  that  one  or  two  of  the  officers 
perform  all  three  of  the  functions.  The  function  of  clerk  of 
court,  or  circuit  clerk,  is  highly  specialized  and  is  not  closely 
related  to  other  county  activities.  It  can  be  left  for  later 
discussion,  although  it  should  be  remembered  that  in  a  few 
states  it  is  performed  by  the  county  clerk.  The  functions 
of  the  county  clerk  and  the  county  auditor  are  exactly  the 
same  except  in  those  few  states  where  both  officers  are 
found.  In  those  states  the  auditor  is  primarily  a  finance 
officer,  as  already  indicated.  The  functions  of  county  clerk 
or  auditor,  as  the  case  may  be,  should  now  be  examined. 
This  officer  will  be  spoken  of  as  the  county  clerk,  though  it 
must  be  remembered  that  in  a  number  of  the  states  the 
same  functionary  is  known  as  the  county  auditor,  while  the 
county  clerk  is  merely  a  clerk  of  court. 

THE  COUNTY  CLERK 

The  County  Clerk.— The  county  clerk  is  popularly 
elected.  This  fact  makes  him  largely  independent  of  all 
other  officers,  including  even  the  county  board.  Inas- 
much as  many  of  his  more  important  duties  are  performed 
on  behalf  of  the  county  board  and  in  the  furtherance  of  the 
board's  programmes,  greater  harmony  might  prevail  in  his 
relations  with  the  board  if  he  were  appointed  by  the  mem- 
bers thereof.  His  work  is  purely  ministerial  and  does  not 
involve  the  exercise  of  independent  discretion,  so  little  or 
nothing  is  gained  by  making  him  free  of  the  board. 

performs  all  the  clerical,  secretarial,  and  administrative  duties.  In  Illinois 
th.e  county  clerk  performs  virtually  all  the  functions  performed  in  Iowa 
by  the  county  auditor,  while  a  circuit  clerk  serves  as  clerk  of  court,  per- 
forming the  functions  exercised  by  the  county  clerk  in  Iowa. 


THE  CLERICAL  OFFICES  141 

Secretary  to  the  Board. — One  of  the  clerk's  most  im- 
portant duties  is  to  act  as  secretary  of  the  board.  He 
prepares  the  business  for  their  meetings,  gets  all  the 
papers  and  records  which  they  will  require  into  proper 
shape,  sees  to  it  that  the  meetings  are  properly  announced 
and  the  place  of  meeting  in  readiness.  He  must  then  attend 
the  sessions  and  keep  a  detailed  record  of  all  the  proceed- 
ings. He  is  not  a  member  of  the  board,  he  does  not  have  a 
vote  and  does  not  have  a  legal  right  to  participate  in 
deliberations.  However,  inasmuch  as  he  is  in  closer 
touch  with  county  affairs  than  any  other  officer,  and  is 
likely  to  have  more  knowledge  of  county  business  than 
board  members  themselves,  perhaps,  the  county  clerk's 
suggestions  and  comments  are  of  considerable  weight  in 
board  meetings. 

Minutes  of  Meetings. — The  minutes  of  these  meetings 
are  permanent  records  in  the  office  of  the  clerk  and  are 
open  to  public  inspection.  All  decisions  made  and  all 
business  transacted  is  found  recorded  in  these  minutes. 
These  records  in  some  cases  have  been  kept  in  very  bad 
condition.  County  clerks  are  sometimes  unskilled  and 
careless.  The  clerk's  records  are  seldom  used,  they  are 
not  subject  to  the  inspection  of  a  superior  officer,  and  the 
board  members  themselves  are  apt  to  be  indifferent,  partic- 
ularly in  view  of  the  fact  that  they  are  not  in  a  position 
really  to  control  the  clerk.  This  is  merely  one  of  the  ex- 
amples of  inefficiency  that  grow  out  of  the  system  of  ad- 
ministrative decentralization.  If  the  clerk  were  responsible 
to  a  superior  he  would  be  more  likely  to  keep  his  records 
in  good  shape.  Yet  of  course  in  most  cases  the  county 
records  are  in  quite  acceptable  condition,  and  it  must 
be  .said  that  mcKlorn  office  equipment  and  typewriting 
devices  leave  little  excuse  for  their  being  in  any  other 
condition. 


142  COUNTY  AND  TOWNSHIP  GOVERNMENT 

Secretarial  Duties. — After  the  meeting  is  over  the  clerk 
is  expected  to  carry  out  instructions  that  may  have  been 
given  to  him.  He  immediately  engages  in  any  correspond- 
ence which  the  board  may  desire,  he  sends  notices  such  as 
may  have  been  ordered,  and  in  a  word  does  all  the  secre- 
tarial work  which  is  necessary.  In  a  populous  county  this 
is  no  small  task  and  the  clerk  is  supported  with  a  very 
considerable  staff  of  assistants,  stenographers  and  book- 
keepers. The  functions  of  the  clerk  as  secretary  of  the 
board  occupy  a  large  proportion  of  his  time  and  are  among 
his  most  important  duties. 

Superintendent  of  Courthouse. — On  the  other  hand, 
the  clerk  has  many  things  to  do  quite  independently  of  the 
board.  In  the  first  place  he  is  what  may  be  called  the  super- 
intendent of  the  courthouse.  His  own  ofl&ces  are  in  that 
building  and  he  is  responsible  for  it  in  very  much  the  same 
way  that  the  superintendent  of  any  institution  is  respon- 
sible. Such  matters  as  heating,  decorating,  cleaning  and 
maintenance  are  all  his  problems.  He  attends  to  these 
things  subject  to  the  approval  of  the  board  when  expense 
is  involved. 

Correspondence. — His  own  office  in  the  courthouse  is 
the  very  center  of  county  activities.  He  is  expected  to 
give  full  time  to  his  duties  and  he  or  his  deputies  are  always 
in  his  office  to  serve  the  people  in  their  relations  with  the 
county.  He  is  the  channel  of  communication  through 
whom  the  public  must  deal  with  the  county  as  a  corporate 
entity.  In  this  connection  his  office  must  handle  a  very 
considerable  correspondence.  Most  inquiries  and  com- 
munications of  a  trivial  nature  can  be  answered  at  once, 
others  must  be  referred  to  the  board,  while  still  other 
communications  are  turned  over  to  other  county  officers 
who  may  have  the  matter  in  charge. 

Receiving   Claims. — All  claims  against   the   county   for 


THE  CLERICAL  OFFICES  143 

services  rendered  or  for  materials  and  supplies  provided 
must  be  filed  with  the  clerk.  Claims  that  amount  to  more 
than  a  few  hundred  dollars  are  usually  based  on  contracts 
that  have  been  previously  entered  into.  Other  claims, 
for  smaller  amounts,  grow  out  of  verbal  agreements  with  the 
various  county  officers  who  are  permitted  to  employ  help 
and  purchase  supplies  on  their  own  account. 

Of  course  all  of  these  claims  must  be  laid  before  the 
board  and  approved  by  it  before  the  person  who  makes  the 
claim  can  get  his  money.  The  board  either  passes  or 
rejects  the  claim.  The  clerk  assumes  no  responsibility  in 
this  connection.  However,  as  said  before,  the  claims  are 
originally  filed  wdth  the  clerk.  He  in  turn  has  them  ready 
to  lay  before  the  board  at  its  next  meeting,  and  he  should 
be  in  a  position  to  advise  the  board  as  to  the  legitimacy  of 
the  claims,  and  to  make  trustworthy  recommendations 
concerning  them. 

If  a  claim  is  based  on  a  contract  it  is  only  necessary  to 
determine  whether  or  not  the  terms  of  the  contract  have 
been  fulfilled.  The  contract  may  have  been  for  the  im- 
provement of  a  highway.  The  county  highway  official  is 
in  a  position  to  say  if  the  terms  of  the  contract  have  been 
fulfilled.  The  contract  may  have  been  for  the  erection  of 
a  building.  A  committee  of  the  board  would  no  doubt 
have  the  matter  in  hand.  It  may  have  been  for  supplies  to 
the  county  hospital.  The  superintendent  of  that  institution 
is  the  person  who  can  say  if  the  terms  have  been  fulfilled. 
It  may  have  been  for  equipment  in  the  treasurer's  office. 
Obviously  these  contracts  are  of  great  variety.  The 
board,  meeting  as  it  does  only  at  intervals,  and  composed 
of  men  from  different  parts  of  the  county,  cannot  always 
be  responsible  for  knowing  whether  or  not  the  terms  of  the 
contract  have  been  fulfilled.  In  reviewing  claims  based 
upon  these  contracts  the  board  must  rely  upon  the  advice 


144  COUNTY  AND  TOWNSHIP  GOVERNMENT 

of  the  highway  officer,  the  hospital  superintendent,  the 
treasurer,  the  superintendent  of  schools,  the  recorder, 
the  sheriff,  or  any  one  of  a  number  of  other  officers  as  the 
case  may  be. 

This  practice  is  reasonably  satisfactory  so  long  as  officers 
are  intelligent,  capable  and  trustworthy.  But  for  the 
most  part  these  officers  are  not  conscious  of  any  responsi- 
bility to  the  board,  many  times  they  are  careless  or  indif- 
ferent, frequently  they  are  not  businesslike  even  though 
they  may  be  highly  capable  in  their  official  capacities,  and 
it  is  not  unusual  for  them  to  be  imposed  upon  by  un- 
scrupulous contractors  and  business  firms.  The  situation 
might  well  be  greatly  improved  if  some  person  representing 
the  county  board  were  to  investigate  personally,  with  a 
keen  sense  of  responsibility,  every  claim  that  might  be  based 
upon  a  contract.  This  person  could  then  make  very 
definite  and  trustworthy  reports  to  the  board  on  every 
claim.  The  clerk  at  present  does  not  and  cannot  be  ex- 
pected to  do  this.  He  merely  lays  the  claim  before  the 
board,  together  usually  with  a  statement  of  perfunctory 
approval  from  the  officer  involved. 

In  addition  to  the  claims  based  on  contracts  there  is  the 
great  mass  of  minor  claims  for  petty  services,  day  labor  and 
the  like,  or  small  quantities  of  material  or  supplies  for  the 
various  officers  and  institutions.  These  too  are  laid  before 
the  board  by  the  clerk,  possibly  with  a  brief  statement  of 
approval  from  the  officer  who  has  received  the  service  or 
supplies.  There  is  no  person  whose  business  it  is  to  in- 
vestigate or  scrutinize  every  claim  with  a  view  to  discover- 
ing overcharges,  poor  work,  and  bad  materials.  Re- 
sponsibility for  such  investigation  is  now  so  widely  scattered 
that  it  is  difficult  to  tell  just  what  economies  could  be 
effected.  Yet  it  is  clear  to  the  most  casual  observer  that  a 
higher  degree  of  business  efficiency  would  be  attained  if 


THE   CLERICAL  OFFICES 


145 


responsibility  for  recommending  that  claims  be  passed  or 
rejected  were  centralized  in  some  individual. 

In  the  absence  of  a  county  purchasing  agent  the  county 
clerk  could  do  much  in  the  matter  of  checking  up  on  claims 
that  are  too  high;  and  by  refusing  to  give  favorable  recom- 
mendation to  the  claims  that  come  from  their  offices  he 
could  enforce  much  greater  care  in  business  activities  on 
the  part  of  other  county  officers.  But  he  cannot  be  ex- 
pected to  assume  such  a  function  very  seriously  so  long  as 
he  is  an  independent,  popularly  elected  officer.  He  can 
have  nothing  authoritative  to  say  as  to  allowing  or  rejecting 
a  claim,  and  cannot  be  expected  to  incur  the  displeasure  of 
fellow  officials  by  investigating  their  business  dealings 
when  no  possible  advantage  can  accrue  to  him  by  doing  so. 
He  probably  would  accomplish  little  but  to  make  many 
enemies  for  himself  and  no  friends,  and  could  be  used  as  a 
scapegoat  for  the  board. 

However,  if  he  were  appointed  by  the  board,  and  was  in 
every  sense  of  the  word  responsible  to  it,  the  situation 
would  be  altogether  different.  He  would  have  no  other 
concern  than  to  satisfy  the  members  of  the  board  and  to 
convince  them  of  his  efficiency  and  trustworthiness.  This 
would  lead  to  much  more  thorough  and  intelhgent  super- 
vision of  the  business  operations  of  the  county. 

The  method  of  selecting  a  public  official  and  the  degree 
of  responsibility  established  between  him  and  other  officers 
has  a  very  great  deal  to  do  with  the  attitude  which  he  will 
take  toward  his  work  and  the  manner  in  which  he  will 
discharge  his  duties.  An  official  who  is  popularly  elected  is 
not  likely  to  assume  an  aggressive  manner  that  is  calculated 
to  impair  his  popularity.  An  official  who  is  not  responsible 
to  some  alert  superior  is  not  likely  to  be  overscrupulous  in 
the  attention  he  gives  to  the  more  disagreeable  details  of 
his  function.    This  is  why  county  clerks  cannot  be  expected 


146  COUNTY  AND  TOWNSHIP  GOVERNMENT 

to  do  much  toward  improving  county  business  methods. 
They  wash  their  hands  of  the  business,  and  county  boards 
must  get  along  as  best  they  can  without  the  aid  that  could 
be  rendered  by  such  an  officer  as  the  clerk. 

Warrants. — After  claims  have  been  passed  upon  and 
allowed  by  the  board,  the  clerk  must  fill  out  warrants  signed 
by  himself.  These  are  handed  to  the  claimants  and  when 
presented  to  the  treasurer  will  be  honored.  All  too  fre- 
quently it  happens  that  there  is  not  enough  money  in  the 
treasury  to  meet  these  warrants  and  ordinarily  the  law 
provides  that  in  such  contingencies  the  warrant  shall  be 
signed  by  the  treasurer  and  draw  interest  for  the  holder 
from  the  day  on  which  it  was  presented. 

The  clerk  has  no  discretion  in  the  matter  of  signing 
warrants.  He  must  prepare  warrants  at  once  for  every 
claim  that  has  been  properly  allowed  by  the  board  in  the 
manner  prescribed  by  law.  The  warrant,  signed  by  the 
clerk,  is,  furthermore,  protection  for  the  treasurer.  The 
clerk's  signature  is  enough  for  him,  he  is  not  expected  to 
examine  into  the  legitimacy  of  the  claim  and  is  not  even 
expected  to  discover  if  the  claim  was  properly  allowed. 
He  honors  every  warrant  bearing  the  clerk's  signature  and 
there  ends  his  responsibility. 

Records. — The  clerk  must  keep  a  permanent  record  of 
all  claims  and  all  warrants.  The  fact  that  claims  are 
presented,  and  rejected,  or  passed,  is  of  course  all  a  matter 
of  record  in  the  minutes  of  the  board  meetings  kept  by 
the  clerk.  But  in  addition  to  this  record  there  is  what 
usually  is  called  a  claim  register  in  which  all  claims  are 
entered  in  order  as  they  are  presented,  whether  they  are 
legitimate  or  illegitimate  and  whether  they  are  allowed  or 
rejected. 

In  addition  there  is  a  warrant  book  in  which  a  record  is 
kept  of  all  warrants  signed  by  the  clerk.     These  records 


THE  CLERICAL  OFFICES  147 

together  with  the  minutes  of  the  board  meetings  provide 
complete  information  concerning  all  financial  transactions 
of  the  county.  It  seems  needless  to  say  that  these  records 
ought  always  to  be  up  to  date,  legible  and  accurate,  open 
to  the  public,  and  kept  on  standard  forms.  Yet  occasional 
investigations  on  the  part  of  irate  citizens,  or  professional 
accountants  who  examine  the  records  of  defaulting  county 
ofl&cers,  sometimes  uncover  records  that  are  well-nigh  un- 
decipherable, slack  methods,  carelessness  and  general  dis- 
regard of  the  first  principles  of  business  efficiency. 

This  is  due  partly  to  the  fact  that  incompetent  men 
are  elected  to  oflfice,  but  in  the  case  of  the  clerk  it  is  due 
more  to  the  fact  that  there  is  no  one  to  whom  he  is  responsi- 
ble. The  indifference  of  board  members  and  the  general 
apathy  of  the  public,  the  fact  that  the  clerk's  records  are 
seldom  consulted  by  the  public,  and  not  inspected  and 
criticised  by  a  superior  authority,  all  conspire  to  tempt 
him  to  carelessness  and  indifference  himself.  Improved 
methods  of  bookkeeping,  and  systems  of  state  inspection 
have  done  much  in  recent  years  to  improve  this  bad  situ- 
ation in  some  of  the  states.  When  a  state  officer  is  given 
authority  to  prescribe  methods  of  keeping  records,  and  is 
given  authority  to  inspect  the  books  of  county  officers, 
very  marked  improvement  in  the  character  of  these  records 
is  the  immediate  result. 

The  Clerk  atid  Tax  Administration. — The  county  clerk 
has  a  great  deal  to  do  in  connection  with  the  administration 
of  the  tax  machinery.  It  will  be  remembered  that  the 
county  is  the  unit  through  which  most  of  the  taxes  are 
collected.  Thus  it  is  necessary  that  county  officers  should 
be  prepared  to  do  the  work.  The  clerk  is  responsible  for 
all  the  clerical  work  that  must  be  done.  Each  taxing 
area,  the  state,  the  city,  and  the  minor  areas,  determines 
the  tax  rate  which  is  to  be  applied  in  its  behalf,  subject 


148  COUNTY  AND  TOWNSHIP  GOVERNMENT 

to  the  limitations  of  the  law;  and  the  clerk  with  his  assist- 
ants must  go  through  the  arithmetical  processes  that  are 
necessary  in  order  to  determine  the  total  rate  that  is  to 
be  applied  against  the  property  of  each  individual. 

Preparing  Tax  Books. — A  separate  account  between  the 
county  and  each  person  who  owns  taxable  property  must 
be  kept  by  the  clerk.  From  the  assessor's  books  he  dis- 
covers the  value  of  each  piece  of  property.  All  the  tax 
rates  are  then  appHed  and  it  is  possible  to  prepare  a  de- 
tailed statement  of  the  amount  due  from  each  individual. 
It  is  not  always  the  practice  to  send  statements  of  taxes 
to  each  individual,  but  it  is  a  very  great  convenience  to  the 
taxpayer  when  this  is  done.  Yet  in  any  event  the  clerk 
must  have  in  his  books  an  account  with  each  and  every 
taxpayer.  The  preparation  of  these  accounts  involves 
an  immense  amount  of  clerical  work,  and  the  burden  of  it 
is  not  evenly  distributed  throughout  the  year.  Thus  it  is 
the  custom  for  county  clerks  to  augment  their  staffs 
temporarily  during  the  rush  period.  The  work  is  not 
particularly  difficult  but  it  must  be  done  accurately.  The 
tax  records  are  voluminous,  they  are  being  consulted  con- 
stantly by  taxpayers,  and  must  be  used  by  other  public 
officials  than  the  clerk.  They  cannot  be  permitted  to  fall 
into  arrears,  they  must  be  up  to  date,  and  no  matter  how 
obscure  the  other  records  kept  by  the  clerk  may  be,  his 
tax  books  are  always  in  the  light  of  day  and  he  is  likely  to 
spend  a  good  share  of  his  time  over  them. 

Collecting  Taxes. — The  clerk  usually  has  nothing  to  do 
with  the  collection  of  the  taxes.  After  his  books  are  in 
shape  they  are  turned  over  to  the  collector,  or  the  treasurer 
who  may  also  be  the  collector,  and  a  period  is  announced 
during  which  taxpayers  must  go  to  pay  their  taxes.  In 
case  a  person  does  not  pay  his  taxes  within  a  specified  time 
a  penalty  is  added  to  the  amount  due;  and  sooner  or  later, 


THE   CLERICAL  OFFICES  149 

if  the  individual  is  still  delinquent,  his  property  is  sold  for 
taxes.  This  simply  means  that  some  other  person  pays 
the  taxes,  and  thereby  estabUshes  a  claim  against  the 
property  which  must  be  satisfied  by  the  owner  before  his 
title  can  again  be  clear. 

From  this  discussion  of  the  clerk's  duties  in  connection 
with  the  administration  of  the  tax  machinery  it  can  be 
seen  that  there  are  several  very  distinct  steps  in  the  process 
of  taxation.  First,  every  piece  of  taxable  property  must 
be  assessed,  and  a  value  fLxed  upon  it.  This  is  usually 
done  by  township  officers  in  those  states  where  townships 
exist.  Second,  each  taxing  area  must  determine  the  amount 
of  money  which  will  be  required  for  its  purposes,  and  a 
rate  is  fixed  which  will  raise  this  sum.  Legislatures,  county 
boards,  and  city  councils  fix  these  rates  subject  to  the 
limitations  of  the  law.  Third,  the  county  clerk  goes  through 
the  detailed  process  of  preparing  an  account  of  the  taxes 
due  from  each  taxpayer  in  the  county.  Fourth,  the  taxes 
are  collected  through  the  office  of  a  collector  or  the  treas- 
urer and  the  proper  amounts  turned  over  to  the  state, 
the  city,  and  the  various  other  areas.  All  this  work  is  sup- 
posed to  be  done  under  the  supervision  of  the  county  board, 
but  in  practice  the  various  officers  involved  are  quite 
independent. 

The  Conduct  of  Elections. — The  conduct  of  elections 
brings  many  duties  and  responsibilities  upon  the  county 
clerk.  One  of  the  principal  features  of  the  Australian 
ballot,  used  almost  universally  in  the  United  States,  is 
that  all  ballots  shall  be  prepared  by  public  officials  and 
remain  in  charge  of  i)u])lic  officials  at  all  times.  This 
means  a  great  deal  of  work  and  responsibility  for  someone, 
and  it  usually  falls  upon  the  clerk.  Candidates  for  county 
offices  must  file  their  papers  with  him  in  accordance  with 
the  procedure  stipulated  in  the  law.    Names  of  candidates 


I50  COUNTY  AND  TOWNSHIP  GOVERNMENT 

for  other  than  county  offices  are  certified  to  him  by  the 
proper  authorities.  He  must  then  make  up  the  official 
ballot,  placing  the  names  of  the  respective  party  candidates 
for  national,  state,  county,  township  and  district  offices 
all  on  a  single  sheet.*  The  county  board  approves  the 
official  ballot  prepared  by  the  clerk  and  authorizes  the 
printing  of  a  sufficient  quantity  of  them. 

Administrative  decentralization  in  this  connection  be- 
gets some  curious  results.  One  might  expect  to  find  the 
official  ballots  in  every  county  of  a  given  state  very  much 
alike.  Indeed  the  state  law  does  usually  describe  in  general 
terms  the  form  of  the  official  ballot.  But  each  clerk  inter- 
prets the  law  as  he  sees  fit,  and  no  superior  officer  is  in  a 
position  to  overrule  him  so  long  as  he  stays  within  the 
general  terms  of  the  law.  Hence  the  official  ballots  in 
neighboring  counties  may  present  great  variations  in  size 
and  character. 

An  examination  of  the  official  ballots  from  a  consider- 
able number  of  counties  in  any  given  state  is  quite  likely 
to  illustrate  this  fact.  Some  of  the  ballots  would  be  found 
to  be  four  or  five  times  as  large  as  others,  although  there 
would  of  course  be  just  the  same  number  of  names  printed 
on  every  ballot.  On  the  large  ballots  the  type  might  be 
exceedingly  large,  broad  spaces  will  have  been  left  between 
the  names  and  many  square  inches  of  space  will  not  have 
been  utiHzed  at  all.  Other  ballots  wiU  be  found  printed 
in  rather  small  type  and  the  ballot  made  as  small  as  it 
conveniently  could  be.  All  the  ballots  are  usually  printed 
on  white  paper — the  law  requires  this  in  most  states — 
but  the  quahty  need  not  necessarily  be  uniform.  In  some 
cases  very  high-grade  book  paper  may  be  used,  in  others 
very  inferior  print  paper.  Thus,  due  to  the  discretion 
vested  in  county  clerks  and  county  boards  it  could  easily 

*  City  elections  are  usually  held  separately  at  another  time  of  the  year. 


THE  CLERICAL  OFFICES  151 

happen  that  the  printing  bill  for  a  given  number  of  ballots 
for  the  same  election  might  be  from  two  to  ten  times  as 
much  in  one  county  as  in  another. 

Probably  there  is  no  very  good  and  sufficient  reason  why 
the  official  ballots  should  be  exactly  uniform  in  each  and 
every  county;  but  the  situation  described  above  does  il- 
lustrate very  clearly  the  way  in  which  extravagance  and 
even  corruption  can  be  practiced  under  such  a  system. 
There  would  appear  to  be  no  reason  why  such  matters  as 
the  preparation  of  ballots  could  not  be  handled  as  efficiently 
and  economically  through  independent  local  officers  as 
through  state  officers.  But  when  carelessness  and  extrava- 
gance do  appear,  reform  can  be  accomplished  best  through 
state  control. 

Distributing  Ballots. — After  the  ballots  have  been  printed 
and  deposited  with  the  clerk  it  is  his  duty  to  supply  them 
to  the  various  polling  places.  These  polling  places  are 
indicated  by  the  county  board,  and  the  area  served  by  one 
polling  place  is  known  as  a  precinct.  In  many  states  town- 
ships are  also  precincts,  but  obviously  where  the  popula- 
tion is  dense  the  precincts  must  be  very  much  smaller 
than  the  average  township. 

Election  officials  are  appointed  for  each  polling  place 
and  they  conduct  the  election  under  the  general  super- 
vision of  the  clerk  who  gives  them  instructions  and  pro- 
vides them  with  all  the  equipment  needed.  The  registra- 
tion books,  in  which  every  voter  must  register  his  name 
and  place  of  residence  before  he  is  permitted  to  vote,  are 
in  charge  of  the  clerk.  And  from  these  records  he  prepares 
the  voting  lists  which  are  mere  alphabetical  lists  of  regis- 
tered voters.'''  These  lists  he  provides  for  each  precinct, 
and  as  voters  appear  on  election  day  it  is  a  simple  matter 

*  These  records  arc  also  the  basis  of  jury  lists  which  the  clerk  ordinarily 
must  prepare. 


152  COUNTY  AND  TOWNSHIP  GOVERNMENT 

to  find  their  names  and  check  them  off  as  they  cast  their 
ballots. 

Final  Returns. — When  the  polls  are  closed  the  ballots 
are  immediately  counted  in  the  various  precincts,  the 
results  tabulated,  and  aU  the  records  brought  to  the  clerk's 
office.  There  the  final  returns  are  made  up.  Reports  are 
sent  to  state  officers,  and  the  clerk  prepares  certificates 
of  election  to  be  given  to  those  who  have  been  elected  to 
local  offices.  All  of  the  records,  including  the  actual  bal- 
lots that  have  been  cast  at  the  election,  are  then  stored 
away  in  charge  of  the  clerk.  The  law  usually  requires 
that  he  must  keep  the  baUots  for  a  period  of  years,  after 
which  they  may  be  destroyed. 

Other  Records  of  Clerk. — It  will  be  seen  that  the  clerk's 
office  becomes  a  veritable  storehouse  of  information,  a 
depository  of  records  and  documents  concerning  all  the 
various  governmental  operations  carried  on  through  the 
county.  In  addition  to  the  records  already  mentioned, 
such  as  the  minutes  of  board  meetings,  the  claim  register, 
the  warrant  book,  the  tax  books  and  the  election  records, 
he  has  charge  of  other  records  of  less  importance.  There 
are  various  maps  showing  all  the  roads  and  bridges,  the 
drainage  ditches,  the  various  streams  and  lakes,  railroad 
and  interurban  lines,  electric  wires,  pipe  lines,  the  location 
of  cemeteries,  school  buildings,  and  other  things  which 
may  be  required  by  state  law  or  the  county  board.  These 
records  and  maps  are  all  open  to  the  public  and  the  clerk 
is  ready  to  assist  any  person  seeking  information  from 
them.  Written  transcripts  of  the  records  may  usually  be 
had  from  the  clerk  on  payment  of  a  small  fee. 

Issuing  Licenses. — The  clerk  also  issues  licenses  for 
various  purposes.  Hunting  licenses,  dog  licenses,  licenses 
to  operate  dance  halls,  resorts  and  pool  rooms  that  are 
conducted  outside  of  city  limits,  are  often  Issued  through 


THE  CLERICAL  OFFICES  153 

the  clerk's  office.  However,  if  any  discretion  is  to  be  exer- 
cised in  the  matter  of  issuing  any  of  these  licenses  it  is 
exercised  by  the  county  board  rather  than  the  clerk.  Mar- 
riage licenses  are  issued  by  the  county  clerk  in  those  counties 
where  he  also  functions  as  clerk  of  court,  but  where  there 
is  a  clerk  of  court  that  functionary  usually  issues  the  mar- 
riage licenses. 

Reports. — In  many  states  an  annual  report  dealing  with 
the  county  offices,  county  business  and  affairs  generally 
is  pubHshed.  When  this  is  done  it  is  published  under  the 
supervision  of  the  clerk.  He  prepares  his  own  report  which 
includes  a  statement  concerning  any  funds  handled  through 
his  office,  it  includes  a  condensed  statement  of  all  the 
pertinent  facts  sho\vn  by  his  various  records.  It  also 
includes  statements  based  on  the  reports  of  other  officers; 
thus  it  provides  Information  as  to  the  number  of  inmates 
in  the  various  Institutions,  such  as  abnshouses,  hospitals 
orphanages  and  the  jail,  the  number  of  commitments 
and  releases.  There  is  likely  to  be  a  county  census  in  his 
report,  showing  the  number  of  deaf,  blind,  orphans,  and 
men  of  military  age.  There  may  be  Included  agricultural 
statistics  concerning  livestock  and  crops.  And  his  report 
also  includes  a  county  directory  stating  the  names  of  all 
county  and  township  officers,  their  salaries  and  terms  of 
office. 

Added  to  the  clerk's  report  are  the  reports  of  all  the 
other  county  officers.  They  are  simply  appended  to  his 
own  and  printed  in  the  same  folder.  Thus  the  sheriff,  the 
treasurer  and  other  officers  hand  their  annual  reports  to 
the  clerk  for  publication.  And  there  arc  also  reports  from 
the  persons  In  charge  of  the  various  institutions. 

All  these  reports  are,  in  form,  reports  to  the  county  board. 
However,  under  existing  circumstances  it  is  not  possible 
for  these  reports  to  serve  the  purpose  they  ought  to  serve. 


154  COUNTY  AND  TOWNSHIP  GOVERNMENT 

A  report  ought  to  show  a  superior  authority  what  his 
subordinates  are  doing,  and  it  ought  to  be  the  basis  of 
authoritative  and  constructive  criticism.  But  since  county- 
officers  are  not  the  subordinates  of  the  county  board  the 
reports  are  apt  to  be  mere  perfunctory  and  formal  state- 
ments, condensed  to  a  point  that  makes  them  useless,  or 
extended  with  unimportant  detail  until  they  become  almost 
unintelligible.  Members  of  the  board  are  not  likely  to 
spend  much  time  examining  these  reports  when  they  are 
fully  aware  that  they  are  not  In  a  position  to  make  au- 
thoritative criticism.  On  the  other  hand,  county  officers 
cannot  be  expected  to  prepare  very  thorough  reports  when 
they  realize  that  no  one  is  In  a  position  to  make  authoritative 
criticism,  and  that  very  few  people  are  likely  even  to  read 
the  reports.  Thus  the  reports  of  county  officers  often 
degenerate  into  nothing  but  a  few  general  statements  of 
fact  and  a  mass  of  petty  detail  that  very  few  people  will 
read  and  still  fewer  can  Interpret  to  any  purpose. 

This  Is  an  eloquent  Illustration  of  the  point  made  so 
many  times  before  In  these  pages,  that  the  whole  county 
organization  Is  so  loosely  bound  as  to  promote,  or  at  least 
to  permit,  the  grossest  kind  of  extravagance.  Inefficiency 
and  irresponsibility.  When  the  law  requires  the  making 
of  such  perfunctory  reports  to  superiors  who  are  superiors 
In  name  only  and  who  cannot  control  their  subordinates, 
It  merely  recognizes  the  need  of  enforcing  responsibility, 
but  does  little   toward   accomplishing  It. 

Reform  of  Clerk's  Office.— Other  functions  of  the  clerk 
might  be  enumerated,  but  they  are  hardly  of  enough  signifi- 
cance to  deserve  any  comment.  But  before  leaving  the 
office  of  county  clerk  it  Is  well  to  review  briefly  the  possi- 
bilities of  reform  in  that  office  which  have  been  suggested. 

The  clerk  Is  popularly  elected  and  yet  he  Is  an  adminis- 
trative and  ministerial  officer  for  the  county  board.    It  has 


THE  CLERICAL  OFFICES  1 55 

been  pointed  out  In  this  connection  that  he  Is  thus  In  an 
anomalous  position,  that  he  ought  either  to  be  a  truly 
independent  executive  and  continue  to  be  popularly  elected, 
or  else  that  he  ought  to  be  nothing  more  than  an  instrument 
of  the  county  board  and  be  appointed  by  the  board.  The 
first  suggestion  is  hardly  tenable  for  reasons  that  already 
have  been  pointed  out.  There  Is  no  need  of  an  Independent 
county  executive.  The  other  suggestion  does,  however, 
seem  to  have  considerable  merit. 

If  the  clerk  wete  appointed  by  the  board  he  could  still 
continue  to  perform  every  function  that  he  now  performs, 
except  that  of  clerk  of  court.  There  could  be  a  clerk  of 
court  appointed  by  the  court  ItseK.  The  county  clerk 
would  then  continue  with  the  same  functions  that  he  now 
exercises,  but  his  new  relationship  to  the  board  ought  to 
bring  about  certain  desirable  changes.  He  could  be  made 
very  strictly  accountable  to  the  board  for  the  performance 
of  certain  duties  which  now  rest  upon  the  board  Itself. 
He  could  negotiate  contracts  subject  to  the  approval  of 
the  board,  he  would  examine  claims  and  make  recommenda- 
tions to  the  board  with  a  keen  sense  of  responsibility.  He 
could  be  a  purchasing  agent  for  all  the  county  Institutions 
and  thereby  effect  great  economies.  He  could  do  all  the 
Inspecting  and  supervising  which  the  board  is  vaguely 
expected  to  do,  and  make  reports  to  the  board.  In  other 
words,  he  would  be  a  true  administrative  agent  of  the 
board,  a  functionary  sadly  needed;  and  this  he  will  not  be 
so  long  as  he  is  popularly  elected. 

Such  a  change  would  inspire  the  clerk  with  a  new  sense 
of  responsibility  and  would  In  no  way  interfere  with  the 
performance  of  those  duties  which  he  now  performs  as  an 
independent  elective  officer.  It  would  give  the  board  a 
much  firmer  grip  on  the  affairs  of  the  county  and  might 
well  result  in  substantial  improvement  in  county  govern- 


156  COUNTY  AND  TOWNSHIP  GOVERNMENT 

ment  generally.  The  change  as  suggested  here  is  a  simple 
one,  but  it  is  suggestive  of  the  much  more  radical  reforms 
involved  in  the  county  manager  plan  which  is  being  worked 
out  in  certain  quarters. 

THE  CLERK  OF  COURT 

Various  Kinds  of  Courts. — While  it  has  already  been 
pointed  out  that  in  many  states  the  county  clerk  serves 
also  as  clerk  of  court,  it  is  well  to  consider  the  functions 
of  a  clerk  of  court  as  if  he  were  a  separate  officer.  It  is 
necessary  that  there  be  some  well-trained  officer  to  keep 
all  tlie  records  and  do  all  the  voluminous  clerical  work  in 
connection  with  the  proceedings  of  any  court.  There  may 
be  a  court  of  general  jurisdiction  in  each  county.  Again, 
the  state  may  be  divided  into  several  judicial  districts, 
each  embracing  several  counties.  In  this  case  there  may 
be  several  judges  or  only  one  for  each  district.  In  any 
event  sessions  of  the  court  are  held  in  each  county  even 
though  every  county  does  not  have  a  judge  or  a  court  of 
its  own.  These  are  courts  of  general  jurisdiction.  They 
may  be  known  as  the  county  courts,  the  district  courts, 
or  circuit  courts. 

Separate  County  Courts. — In  a  few  states  there  is  in 
addition  another  court,  one  for  each  county,  which  is  not 
a  court  of  general  jurisdiction  but  is  intended  to  relieve 
the  district  or  circuit  courts  of  certain  special  types  of 
judicial  business.  The  probation  of  wills,  the  disposal 
of  estates,  and  the  appointment  of  conservators,  are  types 
of  judicial  business  that  frequently  are  left  in  the  juris- 
diction of  a  separate  county  court.  Juvenile  cases,  cases 
involving  the  insane  or  feeble-minded,  commitments  to 
public  institutions  and  the  appointment  of  guardians, 
often  fall  to  the  county  court.     Election  cases  and  cases 


THE  CLERICAL  OFFICES  157 

involving  the  condemnation  of  property  for  public  use  may- 
lie  within  the  jurisdiction  of  the  county  court.  And  the 
county  court  may  have  general  civil  and  criminal  juris- 
diction up  to  a  fixed  minimum,  and  entertain  appeals  from 
the  justice  courts.  This  relieves  the  district  or  circuit  courts 
of  a  great  deal  of  routine  work  and  leaves  them  free  to 
handle  the  major  criminal  and  civil  cases. 

Each  county  must  therefore  be  provided  with  clerks  of 
court  who  will  keep  the  records  of  the  various  courts  which 
hold  their  sessions  in  the  county.  The  county  clerk  him- 
self may  serve  as  clerk  for  the  county  court,  while  the 
district  or  circuit  courts  have  special  clerks  of  court.  All 
these  clerks  are  elective  officers  in  nearly  all  the  states  even 
when  the  office  is  not  combined  with  that  of  county  clerk. 

Functions  of  a  Clerk  of  Court. — The  duties  of  a  clerk 
of  court  are  technical  and  exacting,  and  the  details  of  his 
work  are  not  of  interest  to  the  ordinary  citizen.  He  must 
make  a  permanent  record  of  all  suits  entered  in  the  court 
for  which  he  is  functioning.  He  must  send  formal  notices 
to  all  persons  involved.  He  makes  out  subpoenas  for  wit- 
nesses and  summonses  for  jurors,  which  are  delivered  by 
the  sheriff.  When  the  court  is  in  session  the  clerk,  or  a 
subordinate,  must  keep  a  complete  stenographic  record 
of  the  proceedings.  He  prepares  all  papers  and  documents 
required  by  the  court.  He  makes  a  record  of  decisions 
rendered  and  judgments  pronounced.  He  prepares  all 
orders  of  the  court  and  all  the  notices  that  grow  out  of  the 
case  in  hand.  Thus  in  his  ofiice  there  must  be  a  complete 
record  of  every  case  from  beginning  to  end. 

In  addition  to  this  he  is  usually  required  to  keep  vital 
statistics  of  births,  deaths  and  marriages,  and  he  issues 
burial  certificates  and  marriage  licenses.  All  these  duties 
arc  purely  ministerial  and  require  a  well-trained  and  com- 
petent individual. 


158  COUNTY  AND  TOWNSHIP  GOVERNMENT 

There  would  seem  to  be  no  reason  why  this  officer 
should  not  be  appointed  by  the  court  instead  of  elected 
by  the  people. 

THE  RECORDER 

Functions  of  the  Recorder. — In  every  county  there  must 
be  some  official  whose  duty  it  is  to  keep  a  record  of  land 
titles  and  documents  of  different  kinds.  He  may  be 
known  as  the  register  of  deeds,  or  simply  as  the  recorder. 
Sometimes  there  is  no  such  Independent  officer  as  this 
but  the  duties  of  a  recorder  are  performed  by  some  other 
officer,  such  as  the  county  clerk.  But  In  a  great  majority 
of  cases  there  Is  an  Independent  officer  known  as  the  re- 
corder even  though  he  may  devote  but  a  small  portion 
of  his  time  to  the  work,  and  his  salary  may  be  very 
small. 

Original  Land  Titles. — His  principal  duty  is  to  keep  a 
record  of  land  titles.  The  keeping  of  accurate  records  of 
land  titles  has  been  an  exceedingly  difficult  problem  since 
earliest  times.  There  are  two  ways  in  which  land  may 
originally  come  into  the  possession  of  private  persons. 
One  way  is  for  the  individual  to  seize  and  occupy  a  piece 
of  land  over  which  no  government  has  jurisdiction.  Ob- 
viously this  caa  be  done  ordinarily  only  along  the  frontiers 
of  civilization.  Presently,  as  time  goes  on,  a  government 
Is  established  embracing  the  land  occupied  by  the  frontiers- 
man, and  he  must  then  seek  recognition  of  his  title  to  the 
land  from  the  government.  The  fact  of  his  ownership  is 
then  recorded  by  some  public  official. 

Patents. — The  other,  and  the  usual  way,  is  for  the 
Individual  to  purchase  land  from  the  government,  or  to 
receive  It  gratuitously  under  the  terms  of  a  homestead  law. 
In  either  case,  the  original  private  owner  of  the  land  secures 


THE  CLERICAL  OFFICES  159 

what  is  known  as  a  "patent ''  to  his  piece  of  land.  This 
patent  is  a  legal  recognition  of  his  title  to  the  land  and 
must  be  recorded  in  some  public  office.  Where  towns 
were  established  town  clerks  usually  kept  these  records, 
but  outside  New  England  it  became  the  practice  ulti- 
mately to  turn  the  function  over  to  a  county  officer. 

Deeds. — When  an  original  private  owner  sells  his  piece 
of  land  or  any  part  of  it,  the  new  owner  or  purchaser  re- 
ceives what  is  known  as  a  ''deed  "  to  the  piece  of  land 
which  he  has  purchased.  This  deed  contains  a  description 
of  the  land  and  a  statement  of  Its  exact  boundaries,  to- 
gether with  other  pertinent  information.  A  record  of  this 
deed  should  be  made  in  the  recorder's  office.  And  every 
time  that  title  to  a  parcel  of  land  changes  hands  a  deed 
is  given  and  should  be  recorded. 

Land  Transfers. — But  the  buying  and  selling  of  land  Is 
not  always  a  simple  process.  Mortgages  are  given,  liens 
are  established  against  property,  attachments  are  made, 
owners  fail  to  pay  taxes,  legal  actions  are  instituted  chal- 
lenging the  title  to  the  land,  and  orders  and  judgments  of 
the  court  are  entered  which  impair  titles.  In  the  course  of 
time,  (luring  which  a  piece  of  land  changes  hands  many 
times  these  legal  complications  multiply  until  only  a 
skillful  lawyer  is  able  to  uncover  all  the  facts  and  point 
the  way  to  clearing  up  a  title.  But  every  time  legal  action 
is  started,  or  a  transaction  takes  place  affecting  the  title 
to  land,  written  documents  are  made  setting  forth  the 
aature  of  the  transaction,  and  records  of  these  transac- 
tions should  be  made  in  the  recorder's  office. 

Thus  in  his  office  there  should  be  found  a  complete  rec- 
ord of  all  the  papers  and  documents  ever  executed  that 
could  affect  the  title  to  a  given  piece  of  land.  As  regards 
most  land  there  would  be  nothing  but  the  original  patent 
and  a  few  deeds,  leaving  the  title  perfectly  clear  and  ob- 


l6o  COUNTY  AND  TOWNSHIP  GOVERNMENT 

vious.  In  other  cases,  transactions  may  have  been  so 
numerous,  and  the  owners  and  public  officials  so  careless 
that  it  becomes  literally  impossible  to  clear  up  the  title 
to  a  given  piece,  and  the  title  always  remains  clouded  as 
it  were,  for  it  is  impossible  to  clear  it  up. 

Abstracts  of  Title. — These  records  affecting  titles  to 
land  have  piled  up  in  such  confusion  that  the  business  of 
tracing  down  titles  has  become  a  profession.  Lawyers  and 
companies  do  this  work  and  prepare  for  purchasers  "ab- 
stracts of  title"  which  are  nothing  more  nor  less  than 
records  of  aU  the  transactions  affecting  the  title  to  land. 
Most  of  the  information  of  course  is  to  be  found  in  the 
recorder's  office. 

Confusion  of  Land  Titles. — It  may  weU  be  imagined  that 
records  to  land  titles  fall  into  great  disorder.  Sometimes 
the  officer  who  is  responsible  for  keeping  the  records  is  to 
blame,  but  very  frequently  the  ignorance  and  carelessness 
of  landowners  themselves  is  the  factor  involved.  Men  sell 
land  to  each  other  without  securing  deeds  or  going  near 
the  public  officials.  They  enter  into  contracts  between 
themselves  which  affect  the  title  to  land  but  which  are 
not  recorded.  Measurements  are  carelessly  and  inac- 
curately made.  Fences  and  landmarks  are  erected  and 
stand  for  decades  as  the  accepted  boundaries  when  in  fact 
they  are  not  correctly  placed.  Even  paved  streets  are  laid 
and  huge  buildings  erected  on  lines  that  later  are  found  to 
be  wrong.  In  the  great  cities  there  are  vast  sky-scrapers 
erected  on  lines  many  feet  out  of  square  with  official  rec- 
ords. Of  course  in  such  cases  owners  must  simply  make  the 
best  of  the  situation.  But  nevertheless,  carelessness,  ig- 
norance and  inaccurate  records  give  rise  to  an  immense 
amount  of  litigation  affecting  the  title  to  land. 

A  well-managed  recorder's  office  would  have  records  as 
complete  as  possible,  of  all  manner  of  documents,  deeds, 


THE  CLERICAL  OFFICES  l6l 

mortgages,  liens,  court  orders  and  decrees.     They  should 
be  kept  by  modern  methods  and  be  well  indexed. 

Recorders  are  Elected. — County  recorders  are  usually 
elected  like  other  county  officers,  or  else  the  office  is  com- 
bined with  that  of  county  clerk.  There  would  seem  to  be 
no  very  good  reason  why  the  recorder  should  be  elected, 
as  his  work  is  purely  ministerial. 

The  Surveyor. — Another  officer  who  works  in  close  touch 
with  the  recorder  is  the  county  surveyor.  He  is  usually 
elected  and  stands  ready  to  survey  land  at  the  behest  of 
the  county  board,  the  recorder,  the  clerk,  or  private  in- 
dividuals. His  surveys  are  presumed  to  be  authoritative 
and  are  the  basis  of  the  records  in  the  recorder's  office. 
Other  functions  of  the  surveyor,  or  engineer,  are  exercised 
in  connection  with  the  maintenance  of  highways  and  will 
be  discussed  below. 

Reorganization  of  Clerical  Offices. — The  clerical  of- 
fices of  the  county  have  now  been  discussed  and  the  possi- 
bilities of  reform  have  been  suggested.  To  summarize  briefly 
these  clerical  officers  are  known  as  county  clerks,  auditors, 
clerks  of  court,  circuit  clerks,  clerks  of  probate,*  registers 
of  deeds,  and  recorders.  It  has  been  suggested  that  there 
is  no  very  good  reason  why  any  of  these  officers  should  be 
elected.  The  judges  of  the  courts  might  well  appoint  the 
clerks  of  court  or  circuit  clerks  and  probate  clerks.  County 
boards  might  well  appoint  the  county  clerks  or  auditors, 
and  a  subordinate  in  the  clerk's  office  might  well  perform 
the  function  of  a  recorder. 

*  In  some  states  there  are  special  county  probate  courts. 


CHAPTER  IX 
COUNTY  POLICE  FUNCTIONS 

Origin  of  Sheriff's  Office.— The  sheriff  is  the  oldest  of 
all  the  county  officers.  The  history  of  this  office  can  be 
traced  back  into  mediaeval  England,  and  throughout  the 
centuries  the  fundamental  aspects  of  the  sherifif's  functions 
have  not  greatly  changed.  The  origin  of  his  office  and  its 
development  are  to  be  associated  with  the  nationalizing 
tendencies  which  began  to  operate  in  England  about  the 
time  of  the  Norman  Conquest.  In  the  years  that  followed 
England  gradually  became  a  unified  state  under  the  con- 
trol of  a  central  government.  The  sheriff  is  intimately 
associated  with  this  process.  He  was  an  instrument  of  the 
central  government  and  was  a  potent  influence  in  binding 
the  nation  into  a  unified  whole. 

Before  the  Norman  Conquest  England  was  ruled  by 
feudal  lords  who  for  the  most  part  recognized  no  superior 
authority.  They  owed  a  certain  allegiance  to  the  king, 
who  was  not  much  more  than  the  chief  feudal  lord,  and 
rendered  this  allegiance  so  long  as  the  king  was  strong 
enough  to  command  it.  But  there  was  no  well-organized 
central  government  embracing  the  entire  realm. 

The  domain  of  a  lord,  an  earl,  was  known  as  a  shire. 
He  ruled  supreme  within  his  shire.  In  order  to  bring  about 
unification  and  the  estabhshment  of  a  centralized  govern- 
ment it  was  necessary  to  break  down  the  power  of  these 
feudal  lords.  This  was  done  through  representatives  of 
the  king  who  went  into  the  far  comers  of  the  realm  demand- 
ing allegiance  to  the  monarch.    These  officers  of  the  crown 

162 


COUNTY  POLICE  FUNCTIONS  163 

came  to  be  known  as  sheriffs.  An  earlier  term  was  shire- 
reeve. 

Early  Functions. — The  sheriff  collected  taxes,  enlisted 
men  into  the  military  service  of  the  king,  maintained  the 
peace,  enforced  the  king's  decrees,  and  served  as  the 
executive  functionary  of  the  king's  court,  sometimes 
holding  court  himself.  He  had  the  character  of  a  personal 
representative  of  the  monarch.  His  presence  was  a  con- 
stant challenge  to  the  earls  and  other  feudal  lords.  They 
were  forced  to  become  vassals  of  the  king  themselves  or 
else  to  flee.  And  the  aggressive  activity  of  the  sheriffs 
together  with  numerous  other  forces  tending  to  the  decay 
of  feudalism  gradually  led  to  the  strengthening  of  the 
central  government,  dominated  by  the  king. 

The  shires,  and  the  descendants  of  the  feudal  lords  are 
still  to  be  found  in  England  to-day.  But  English  shires 
are  not  areas  of  government,  they  are  not  civil  divisions, 
except  in  those  cases  where  the  boundaries  of  a  civil  county 
happen  to  coincide  with  the  boundaries  of  an  ancient  shire, 
for  the  whole  realm  was  later  divided  into  civil  counties. 
The  lords  of  England  of  course  have  long  since  lost  all 
trace  of  personal  governmental  power.  And  an  earl  to-day, 
or  a  lord  of  any  other  rank,  has  no  more  civil  authority 
over  the  land  that  he  may  possess  than  any  other  owner. 

While  these  great  changes  were  being  wrought  in  the 
character  of  the  British  constitution  the  sheriff  continued 
to  function  as  an  instrument  of  the  crown.  The  area  of  his 
operations  became  the  civil  county.  Yet  while  he  re- 
mained the  principal  county  officer  certain  of  his  functions 
fell  away.  Other  machinery  was  developed  for  the  col- 
lection of  taxes.  He  ceased  to  be  a  military  leader.  But 
he  remained  primarily  a  peace  officer,  and  never  at  any 
time  has  it  ceased  to  be  his  primary  function  to  maintain 
the  peace  in  the  name  of  the  sovereign.     This  function 


l64  COUNTY  AND  TOWNSHIP  GOVERNMENT 

involved  the  duty  of  taking  charge  of  prisoners  and  acting 
as  an  executive  officer  of  the  court. 

The  Sheriif  in  American  Colonies. — When  counties 
were  created  in  America  it  was  natural  that  sheriffs  should 
appear.  In  some  cases  they  were  appointed,  in  earliest 
times  particularly,  in  the  sparsely  settled  territories,  and 
in  the  less  democratic  South.  But  it  soon  came  to  be  the 
almost  universal  practice  to  elect  the  sheriff,  and  that  is 
the  custom  to-day  in  every  state  but  one,  Rhode  Island. 
His  term  of  office  is  usually  four  years,  and  often  he  is 
not  permitted  to  succeed  himself  but  must  go  out  of  office 
for  a  term  before  he  can  again  become  sheriff. 

The  jurisdiction  of  the  sheriff  is  the  county.  In  the 
exercise  of  his  functions  he  is  not  responsible  to  the  county 
board  or  to  any  county  officer,  unless  it  be  the  county  judge. 
One  of  his  functions  is  to  execute  the  orders  of  the  court 
and  thus  in  a  sense  he  is  accountable  to  the  judge.  Con- 
trary to  the  general  impression  he  is  not  ordinarily  under 
the  authoritative  control  of  the  state  governor,  or  any 
other  state  officer.  Obviously  in  most  cases  a  county  sheriff 
would  be  ready  to  give  heed  to  the  requests  of  a  state 
governor  and  to  co5perate  with  state  officers  in  every  way. 
But,  in  the  absence  of  special  statutory  provisions,  the 
sheriff  is  entirely  free  to  administer  the  functions  of  his 
office  as  he  sees  fit.  Thus  he  enjoys  a  large  measure  of 
independence  and  this  is  particularly  significant  in  view 
of  the  fact  that  he  is  free  to  exercise  his  own  judgment  and 
discretion  on  most  important  matters  affecting  the  safety 
of  the  people. 

Modem  Functions. — The  function  of  the  sheriff  every- 
where in  the  United  States  to-day  is  just  what  it  always  has 
been  down  through  the  centuries — to  maintain  the  peace. 
Revolution,  war  and  turmoil  that  wrecked  empires  and 
gave    birth    to    repubhcs,    disorders    and    constitutional 


COUNTY  POLICE  FUNCTIONS  165 

changes  that  affected  parliaments  and  altered  the  whole 
structure  of  national  governments  left  this  humble  office 
of  the  sheriff  untouched  and  unchanged.  It  persevered 
through  colonial  times  in  New  England,  in  the  South, 
and  traveled  west  with  civilization.  It  prevailed  through 
the  War  for  Independence  without  change  and  is  now  a 
monument  to  local  government.  The  sheriff's  function  is 
to  maintain  the  peace  as  a  general  peace  officer,  and  this 
involves  having  custody  of  prisoners,  and  acting  as  an 
executive  officer  for  the  courts. 

Is  Sheriff  a  State  Officer? — It  is  maintained  by  many 
students  of  political  science,  and  they  are  well  supported 
by  judicial  decisions,  that  the  sheriff  is  a  state  officer  rather 
than  a  local  officer.  He  is  indeed  a  state  officer  in  that  he 
enforces  state  law.  And  furthermore,  in  a  certain  sense 
the  sheriff  is  not  a  part  of  the  county  organization  as  are 
most  of  the  other  county  officials;  and  this  fact  lends  color 
to  the  contention  that  he  is  in  reality  a  state  officer.  The 
county  board,  the  clerk,  the  treasurer,  the  auditor,  the 
assessor,  the  highway  official,  the  poor-master,  and  the 
superintendents  of  the  various  county  institutions  compose 
a  group  of  officers  primarily  concerned  with  county  prob- 
lems and  county  business.  The  board  determines  county 
policies  and  with  these  other  officers  carries  on  business 
and  administrative  activities  for  the  county  prunarily; 
and  these  individuals  are  unquestionably  to  be  considered 
county  officers. 

The  sheriff  is  not  one  of  this  group.  The  sheriff  con- 
cerns himself  with  the  enforcement  of  the  state  law,  his 
prisoners  are  prisoners  of  the  state,  and  he  executes  the 
orders  of  the  court,  in  the  name  of  the  people  of  the  state. 
He  has  virtually  nothing  to  do  with  the  county  organiza- 
tion except  that  the  county  board  has  general  supervision 
of  the  jail  where  he  keeps  his  prisoners  and  is  able  to  control 


l66  COUNTY  AND  TOWNSHIP  GOVERNMENT 

him  indirectly  by  granting  or  withholding  funds  with 
which  he  may  discharge  his  duties  in  this  connection. 

However,  the  contention  than  the  sheriff  is  a  state  officer 
would  be  greatly  strengthened  if  he  were  appointed  by,  or 
at  least  were  under  the  control  of,  some  state  authority. 
This  is  not  the  case,  except  in  one  state.  Hence  there  is  no 
organic  relation  between  his  office  and  the  state  govern- 
ment. And  despite  the  theory  that  he  represents  the 
people  of  the  state  as  a  whole,  he  is  elected  by  the  people 
of  a  county,  he  has  been  identified  with  the  county  for 
many  centuries,  and  what  is  of  greater  significance  his 
poHcies  in  the  matter  of  interpreting  and  enforcing  state 
law  are  largely  dictated  by  the  county  electorate.  Thus 
it  is  entirely  proper  to  look  upon  the  sheriff  as  a  county 
officer.  But  even  so  it  must  not  be  forgotten  that  he  is 
somewhat  apart  from  the  county  organization  and  is  a 
representative  of  the  state  in  a  sense  that  most  of  the 
other  county  officers  are  not.  His  functions  should  now 
be  examined  in  some  detail. 

Functions  of  Sheriff: 

I.  To  Maintain  Peace. — It  has  been  said  that  he  main- 
tains the  peace  as  a  general  peace  officer.  This  means 
that  he  is  responsible  on  his  own  authority  for  the  sup- 
pression of  all  kinds  of  disorder  and  crime,  he  may  make 
arrests  on  sight,  and  is  expected  to  seek  out  and  hold  all 
criminals  until  they  are  released  by  a  court.  There  is  no 
other  peace  officer  to  be  found  in  the  United  States  with 
as  broad  jurisdiction  as  he.  The  federal  government 
maintains  marshals  who  are  executive  officers  for  the 
federal  courts,  and  detectives  who  assist  federal  agents  in 
the  enforcement  of  particular  federal  laws  such  as  the 
hquor  law.  State  governments  have  only  recently  provided 
for  peace  officers  at  all,  and  the  city  police  have  a  very 
limited  area  as  their  jurisdiction.     But   county  sheriffs 


COUNTY  POLICE  FUNCTIONS  167 

collectively  embrace  the  whole  United  States,  and  it  is 
upon  them  that  responsibility  rests  for  preservation  of  the 
peace  and  the  suppression  of  crime. 

This  is  an  elementary  function  of  government.  No- 
where is  that  more  evident  than  in  pioneer  communities 
and  along  the  frontiers  of  civilization.  In  early  days,  and 
always  in  the  Far  West  as  settlements  pushed  forward,  the 
sheriff  was  a  conspicuous,  powerful,  dominant  representa- 
tive of  governmental  power.  His  office  was  the  most  im- 
portant of  all  and  not  infrequently  he  even  exceeded  the 
broad  powers  which  he  legally  possessed.  Sheriffs  were 
disproportionately  powerful  and  important  because  govern- 
mental machinery  was  still  in  its  rudimentary  stage  and 
the  function  of  preserving  peace  was  all  important.  As 
civilization  develops  the  sheriff  naturally  retires  from  the 
front  of  the  stage.  But  the  picturesque  sheriff  of  pioneer 
days  was  an  interesting  forerunner  of  his  modern  prototype. 
He  has  been  preserved  with  a  few  embellishments  by  the 
moving  picture  Industry. 

The  powers  of  the  sheriff  are  elastic  and  can  be  extended 
to  very  great  proportions.  In  order  to  preserve  the  peace 
it  may  be  necessary  that  he  command  the  services  of  a 
great  many  of  the  able-bodied  men  in  his  county.  This 
he  may  do  when  emergency  exists,  and  he  is  the  judge  of 
the  emergency.  This  power  is  called  the  power  to  call 
the  posse  comilalus.  He  may  summon  any  able-bodied 
citizen,  on  sight  and  without  formality,  to  go  with  him 
and  assist  him  In  the  preservation  of  the  peace.  It  happens 
occasionally  even  to-day,  when  labor  disorders  occur,  that 
business  men  are  suddenly  required  to  do  police  duty  In 
emergencies.  Refusal  to  respond  is  attended  with  dellnlte 
penalties.  The  citizen  thus  called  has  no  recourse  unless 
he  is  able  to  show,  afterwards,  that  the  sheriff  has  acted 
without  justification;  and  only  the  most  flagrant  abuse  of 


1 68  COUNTY  AND  TOWNSHIP  GOVERNMENT 

discretionary  power  on  the  part  of  the  sheriff  would  be 
discountenanced  by  the  courts.  In  emergencies  with 
which  the  sheriff  cannot  cope  he  may  call  upon  the  governor 
for  the  state  militia;  but  of  course  the  governor  is 
competent  to  send  the  militia  to  suppress  disorder  or  to 
enforce  the  law  anywhere  within  the  state  whether  the 
sheriff  desires  it  or  not. 

Curious  conflicts  of  authority  sometimes  arise  between 
sheriffs  and  city  police.  In  any  such  conflict  of  authority 
the  presumption  is  in  favor  of  the  sheriff,  for  as  in  ancient 
days  the  sheriff's  ''bailiwick"  is  his  county,  regardless  of 
the  cities,  towns  and  villages  it  may  include.  But  in  prac- 
tice the  sheriff  is  usually  very  willing,  indeed  eager,  to 
leave  the  matter  of  law  enforcement  to  the  highly  organ- 
ized city  police  whenever  he  can,  and  confine  his  own 
attention  to  the  other  aspects  of  his  function. 

2.  To  Serve  as  an  Executive  Officer  of  the  Court. — One  of 
these  is  to  serve  as  an  executive  officer  for  the  courts.  He 
must  attend  all  sessions  of  the  district  or  county  court  and 
perform  certain  duties  preliminary  to,  during,  and  after 
these  sessions.  He  summons  the  juries,  the  names  of  those 
who  are  to  serve  having  been  selected  by  lot  from  among 
the  registered  voters.  He  serves  warrants  on  persons  who 
have  been  indicted  and  sees  to  it  that  they  are  in  court 
when  they  are  wanted.  He  is  responsible  for  summoning 
all  the  witnesses  who  will  be  required  at  the  trial  and  if 
need  be  arrests  them  and  brings  them  in  as  prisoners. 

In  all  these  matters  he  must  work  in  close  cooperation 
with  the  clerk  of  court  who  prepares  all  the  documents 
which  must  be  served  upon  the  persons  Involved.  The 
days  preceding  the  session  of  a  court  thus  are  busy  ones 
for  the  sheriff,  and  he  and  his  deputies  are  fully  occupied 
in  serving  all  the  papers,  bringing  in  all  the  persons,  and  in 
general  getting  things  ready  for  the  session. 


COUNTY  POLICE  FUNCTIONS  169 

During  a  session  the  sheriff  is  at  the  service  of  the  court. 
He  and  the  bailiffs  maintain  order  in  the  court  room.  He 
has  charge  of  the  jury  at  all  times.  He  is  responsible  for 
the  prisoners  and  witnesses  and  must  perform  services 
required  of  him  by  the  court  as  the  trial  proceeds.  He  may 
be  sent  to  bring  in  more  witnesses,  to  serve  documents,  or 
to  bring  in  exhibits  required  by  the  court. 

After  the  session  is  over  the  sheriff  must  execute  the 
judgment  of  the  court  whether  it  be  to  hang  a  murderer  or 
to  carry  an  infant  to  the  orphanage.  In  some  states,  how- 
ever, capital  punishment  is  inflicted  by  state  authorities  at 
the  state  penitentiary.  The  sheriff  must  serve  ail  papers 
involved  in  the  execution  of  judgment.  He  may  be  obliged 
to  seize  property  for  the  satisfaction  of  judgment.  He 
turns  convicted  men  over  to  the  state  penitentiaries,  and 
those  convicted  of  lesser  crimes  he  takes  back  to  the 
county  jail  to  serve  their  sentences.  He  is  thus  the  execu- 
tive officer  of  the  court.  It  is  an  ancient  function  which  he 
has  ahvays  exercised. 

In  populous  counties  where  the  courts  are  in  session 
most  of  the  time  he  is  provided  with  a  number  of  deputies, 
and  with  clerical  help.  In  such  counties  this  aspect  of  his 
function  occupies  his  time  to  the  exclusion  of  his  other 
duties.  The  city  police  relieve  him  of  his  responsibility 
for  maintaining  peace,  and  they  also  take  charge  of  prison- 
ers. This  leaves  the  sheriff  in  these  counties  primarily  an 
executive  officer  of  the  court. 

It  has  been  the  custom  for  the  sheriff  to  retain  certain 
fees  in  addition  to,  or  instead  of,  a  fixed  salary.  He  re- 
ceives a  fee  for  every  document  served  and  for  nearly 
every  act  performed  in  and  about  the  court  room,  before 
and  after  sessions  of  the  court.  These  fees  individually  are 
small,  but  in  the  aggregate  they  sometimes  mount  to 
huge  sums.     The  practice  began  in  the  days  when  the 


I70  COUNTY  AND  TOWNSHIP  GOVERNMENT 

sheriff  had  little  to  do  but  to  hold  himself  In  readiness  to 
pursue  an  occasional  criminal,  and  to  attend  the  infrequent 
sessions  of  the  court.  His  duties  as  sheriff  did  not  interfere 
with  his  private  business  and  it  seemed  fair  that  he  should 
only  receive  fees  which  were  supposed  to  represent  reason- 
able compensation  for  work  actually  done.  The  practice 
might  be  defended  in  rural  communities  to-day;  but  in 
populous  counties,  and  particularly  where  the  sheriff 
devotes  his  whole  time  to  the  duties  of  his  office,  this  prac- 
tice Is  quite  Indefensible.  The  fees  accumulate  to  a  sum 
far  in  excess  of  that  received  by  most  other  county  officers. 

It  is  unnecessary  to  discuss  the  evils  of  this  situation. 
A  sheriff  who  devotes  his  whole  time  to  the  work  of  his 
office  should  be  paid  a  salary  commensurate  with  that  of 
other  county  officers.  If  the  duties  of  his  office  do  not 
occupy  his  whole  time  his  salary  could  be  adjusted  pro- 
portionately. Fees,  when  they  are  charged,  should  go  into 
the  pubHc  treasury.  The  evils  of  the  fee  system  are  of 
course  most  obvious  in  those  populous  counties  where  the 
principal  duty  of  the  sheriff  is  to  serve  as  an  executive 
officer  of  the  courts. 

J.  To  have  Custody  of  Prisoners. — The  sheriff  has  one 
other  distinct  function  which  must  be  touched  upon.  He 
is  expected  to  have  charge  of  prisoners,  and  to  keep  them 
in  the  county  jail.  Here  the  sheriff  comes  In  contact  with 
the  county  board.  The  board  is  expected  to  appropriate 
money  for  the  maintenance  of  the  jail  and  the  support  of 
the  prisoners.  Wliether  the  board  is  generous  or  niggardly 
has  much  to  do  with  the  condition  of  the  jail.  The  board 
is  expected  to  exercise  general  supervision  over  the  jail  as 
well  as  other  county  institutions  and  does  annually,  or 
semi-annually,  conduct  a  perfunctory  Inspection;  but  in 
practice  the  sheriff"  is  left  in  full  charge  of  the  Institution 
himself. 


COUNTY  POLICE  FUNCTIONS  171 

It  is  the  general  practice  for  county  boards  to  allow  the 
sheriff  a  certain  sum  of  money  per  prisoner,  for  board  and 
maintenance.  Needless  to  say  the  county  board  is  likely 
to  appropriate  money  for  only  modest  fare,  and  the  sheriff 
not  infrequently  finds  it  possible  to  keep  his  prisoners  alive 
on  even  less  than  has  been  allowed  by  the  county  board. 
This  practice  operates  to  the  disadvantage  of  the  prisoners; 
but  when  the  sheriff  is  permitted  to  support  them  as  he 
sees  fit,  and  then  present  his  bill  to  the  county  board, 
whatever  it  may  be,  the  door  is  opened  to  gross  extrav- 
agance and  wastefulness. 

But  there  are  other  problems  that  arise  in  connection 
with  the  care  of  prisoners  than  providing  them  with  food, 
that  are  just  as  difficult  to  solve.  County  jails  are  noto- 
riously insanitary  and  unwholesome.  The  sheriff  is  not 
always  to  blame  for  this  condition,  especially  when  the 
county  board  refuses  to  make  the  necessary  appropriation 
for  improving  the  conditions.  Jails  are  often  very  old  and 
frequently  not  large  enough.  They  are  not  equipped  with 
proper  sanitary  facilities,  they  are  ill-ventilated  and  poorly 
lighted.  There  usually  is  no  way  of  segregating  prisoners 
as  they  should  be  segregated,  and  no  way  of  giving  them 
the  exercise  and  useful  work  they  ought  to  have.  Some 
jails  degenerate  into  unspeakable  pens  that  do  incalculable 
harm  in  the  influence  they  exert  upon  those  who  are  placed 
in  them  for  any  length  of  time.  Fortunately  most  prisoners 
arc  kept  in  the  county  jail  only  a  short  time.  Those  await- 
ing trial  are  not  usually  there  very  long,  and  those  serving 
sentence  would  be  sent  to  the  state  penitentiary  if  their 
sentences  exceeded  a  certain  minimum  length  of  time. 
But  this  in  no  way  justifies  the  deplorable  conditions  that 
have  been  uncovered. 

Social  workers,  and  the  influence  of  enlightened  public 
opinion,   has  led   to  great  improvement  in  recent  years. 


172  COUNTY  AND  TOWNSHIP  GOVERNMENT 

There  have  always  been  certain  provisions  in  state  law 
intended  to  compel  the  maintenance  of  proper  standards, 
but  they  are  more  or  less  futile  when  left  to  the  administra- 
tion of  irresponsible  local  officers.  No  law  can  guarantee 
decent  cleanliness,  or  even  decent  standards  of  morality,  and 
any  legislation  which  attempts  to  go  into  the  details  of  such 
matters  must  necessarily  be  useless  or  even  worse  than 
useless.  A  system  of  state  inspection  backed  with  author- 
ity might  bring  improvement,  but  it  would  involve  a  very 
serious  invasion  of  local  prerogatives. 

The  proper  segregation  of  prisoners  in  the  county  jail 
is  an  ideal  that  probably  never  will  be  attained.  In  the 
first  place  there  are  men,  women  and  children  to  be  segre- 
gated. There  are  comparatively  few  women,  but  since 
many  jails  have  no  separate  quarters  for  them  at  all  it  is 
not  unusual  for  the  sheriff  to  hold  women  prisoners  tempora- 
rily in  his  own  home.  There  are  very  likely  to  be  some 
young  boys  in  the  jail  and  they  are  usually  turned  in  with 
the  vicious  adult  prisoners  and  thus  subjected  to  influences 
that  tend  to  make  them  hardened  criminals.  There  are 
also  the  sick  and  the  well  who  ought  to  be  segregated,  but 
as  a  rule  a  prisoner  must  be  very  ill  indeed  before  he  can 
hope  to  be  removed  from  his  cell.  Very  few  counties  main- 
tain hospitals,  and  the  county  boards  are  not  inclined  to 
pay  for  the  care  of  prisoners  in  private  hospitals. 

But  there  is  another  sort  of  segregation  that  might  be 
effected,  too,  but  is  seldom  even  considered.  The  status  of 
prisoners  is  not  always  the  same.  Some  are  in  the  jail 
awaiting  trial.  According  to  the  theory  of  the  law  they 
are  innocent,  and  the  law  provides  opportunity  for  them 
to  gain  their  freedom  until  the  time  of  trial  by  paying  bail 
or  giving  bond.  If  a  person  cannot  pay  he  must  wait  in 
jail.  Other  prisoners  are  serving  short  sentences  of  a  few 
days  or  months.     But  the  presumably  innocent  prisoner 


COUNTY  POLICE  FUNCTIONS  173 

awaiting  trial  is  thro^^^l  in  with  the  convicted  criminal 
serving  sentence.  Then  too  there  may  be  some  witnesses 
held  as  prisoners  because  the  sheriff  fears  that  if  he  does 
not  hold  them  they  will  escape  his  jurisdiction  before  the 
trial. 

Hence  it  may  easily  happen  that  men  and  boys,  sick  and 
well,  \icious,  hardened  criminals  serving  sentence,  innocent 
persons  awaiting  trial,  and  even  some  witnesses,  will  all  be 
herded  together  in  identical  cells  in  a  building  that  is  old 
and  inadequate,  dark,  ill-ventilated  and  insanitary.  Still 
the  fact  must  be  recognized  that  few  counties  could  afford 
to  provide  ideal  accommodations  for  their  prisoners,  and 
furthermore  there  is  not  much  sentiment  in  favor  of  it. 

The  most  hopeful  sign  for  the  improvement  of  con- 
ditions is  the  move  on  the  part  of  some  states  to  establish 
state  district  jails,  each  district  embracing  several  counties. 
Sometimes  several  counties  will  cooperate  on  their  own 
initiative  to  maintain  a  jail  at  the  common  expense;  but 
the  state  district  idea  is  much  better  in  that  it  insures 
state  inspection  and  the  probable  maintenance  of  better 
standards. 

Office  of  the  Sheriff  is  Undergoing  Change. — The  office 
of  sheriff  is  undergoing  change.  Probably  the  last  twenty 
years  have  witnessed  greater  changes  in  the  character  of 
this  office  than  were  to  be  noted  in  the  previous  hundred 
years.  More  and  more  the  sheriff  proves  to  be  a  failure  as  a 
general  peace  officer.  Only  in  the  last  four  years  more 
than  a  rlozen  states  have  found  it  desirable  to  establish 
for  the  first  time  a  force  of  state  police  to  assist  the  sheriffs 
as  peace  officers.  More  and  more  the  sheriff  fails  to  co- 
operate effectively,  not  only  with  the  attorney-general's 
office  but  with  the  public  prosecutor  in  his  own  county, 
and  public  prosecutors  are  demanding  that  they  be  pro- 
vifled  wi1h  (ictcctivcs  whom  they  can  control  in  order  to 


174  COUNTY  AND  TOWNSHIP  GOVERNMENT 

conduct  their  prosecutions  and  investigate  violations  of 
the  law  independently  of  sheriffs.  More  and  more  the 
sheriff  tends  to  become  a  mere  executive  ofl&cer  of  the 
courts,  content  to  remain  in  his  office  and  execute  the 
orders  and  decrees  of  the  courts  through  his  deputies,  serve 
papers  and  execute  judgments.  These  tendencies  would 
seem  to  herald  some  rather  fundamental  changes  in  the 
sheriff's  office,  but  it  may  be  expected  that  many  years  will 
pass  before  the  changes  will  finally  have  been  accomplished. 

Sheriffs  Failure  as  a  Peace  Officer. — The  fact  that 
the  sheriff  is  failing  as  a  general  peace  officer  is  not  neces- 
sarily a  reflection  upon  him.  Nor  is  it  a  sign  that  crime 
is  on  the  increase.  It  indicates  rather  that  the  criminal 
is  finding  new  ways  in  which  to  express  his  individuality, 
and  the  sheriff's  office  is  not  properly  organized  to  cope 
with  him.  The  rapid  development  of  good  roads  has  given 
criminals  certain  opportunities  that  they  never  had  before. 
Good  roads  have  bound  the  rural  districts  to  the  cities, 
and  along  with  the  advantages  that  have  come  with  this 
there  has  come  some  evil  also.  In  effect  the  city  criminal 
is  much  nearer  to  the  country  than  he  used  to  be,  and  thus 
the  sheriff  comes  in  contact  with  a  much  larger  group  of 
criminals  than  ever  before. 

Crime  in  Rural  Districts. — Naturally  the  automobile 
is  the  instrument  which  facilitates  the  operations  of  the 
criminal  in  the  rural  areas.  In  recent  years  the  area  within 
a  hundred  miles  of  the  great  urban  centers  has  been  combed 
by  bands  of  criminals  who  a  short  decade  ago  would  have 
been  obliged  to  confine  their  depredations  to  the  cities. 
Country  banks,  village  stores,  rural  post  offices,  and  rail- 
road stations  without  number  have  been  the  objects  of 
midnight  raids.  The  bandits  come  in  one  or  two  machines, 
perpetrate  their  villainy  in  a  moment's  time  and  are  off 
in  a  cloud  of  dust. 


COUNTY  POLICE  FUNCTIONS  175 

While  the  automobile  has  contributed  more  than  any 
other  single  factor  to  make  such  things  possible,  the  ever- 
growing network  of  railroads,  interurban  electric  lines, 
and  even  telephones  have  assisted  the  criminals  very 
materially.  These  city  criminals  are  of  a  type  never 
before  kno^^^l  in  the  rural  districts,  and  county  sheriffs 
are  singularly  helpless  in  dealing  with  them. 

There  are  other  new  developments  that  are  overtaxing 
the  power  of  sheriffs  to  keep  the  peace.  Labor  disorders 
frequently  reach  proportions  that  find  both  sheriff  and 
city  police  overwhelmed.  Race  riots  have  been  numerous 
even  in  the  northern  communities,  and  sheriffs  have  not 
been  able  to  deal  with  them  efficiently.  For  years  sheriffs 
have  been  unable  to  prevent  lynchings  in  the  South.  A 
few  disorders  of  a  similar  nature  have  been  precipitated  by 
various  types  of  radicals,  I.  W.  W.  agitators  and  so-called 
reds  and  bolshevists;  and  those  who  have  been  over-eager 
in  their  efforts  to  suppress  them.  All  of  these  developments 
serve  to  emphasize  the  fact  that  county  sheriffs  are  not 
fitted  to  act  alone  as  general  peace  officers. 

Sheriffs  Deputies. — Some  feeble  efforts  have  been 
made  by  counties  to  strengthen  the  sheriff's  arm.  In 
some  cases  he  is  provided  with  a  number  of  deputies,  but 
nowhere  has  any  thoroughly  well-organized  county  poHce 
force  been  established.  This  is  not  surprising  for  the  rural 
communities  do  not  feel  that  they  can  afford  to  maintain 
highly  organized  police  forces.  Indeed  each  individual 
county  does  not  need  such  a  force.  A  well-organized  unit 
could  operate  over  an  area  much  larger  than  a  single  county. 

In  some  counties  the  authorities  have  made  vigorous 
and  more  or  less  effective  efforts  to  prevent  automobile 
speeding  by  the  appointment  of  deputy  sheriffs,  and  the 
county  "speed  cop"  on  his  motorcycle  is  coming  to  be  a 
familiar  figure  on  the  long  stretches  of  cement  highway. 


176  COUNTY  AND  TOWNSHIP  GOVERNMENT 

But  speeding  is  not  the  sort  of  offense  that  contains  great 
menace  to  peace  and  security. 

STATE  POLICE 

State  Police  and  the  Sheriff. — The  solution  of  the  prob- 
lem would  seem  to  be  the  establishment  of  some  kind  of  state 
police  organization.  Such  an  organization  may  include 
the  sheriff,  giving  him  a  prominent  position  in  the  organ- 
ization; or  it  may  involve  the  retirement  of  the  sheriff 
altogether  as  a  peace  ofl&cer,  leaving  him  simply  as  a 
functionary  of  a  court;  or  it  may  be  established  by  the 
side  of  the  sheriff,  leaving  him  free  to  exercise  his  pohce 
functions  as  he  chooses. 

State  Police  in  Other  Countries. — Examples  of  state 
poKce  organizations  are  to  be  found  all  over  the  world.* 
There  are  to  be  found  the  gendarmes  of  France,  the  Royal 
Irish  Constabulary,  the  Australian  Trooper  Pohce,  the 
famous  Canadian  Northwest  Mounted  Pohce,  and  our 
own  police  forces  organized  in  the  Philippines  and  Porto 
Rico.  A  few  experiments  have  been  tried  out  in  the  United 
States,  but  only  very  recently  has  the  step  met  with  any 
enthusiasm  on  the  part  of  the  pubhc  generally.  It  means 
the  breakdown  of  local  autonomy  and  smacks  of  a  militar- 
istic system  that  is  execrated  throughout  the  land.  But 
the  very  rapid  developments  in  recent  years  seem  to 
indicate  a  change  in  attitude  on  the  part  of  the  public. 

State  Police  in  the  United  States. — State  ofl&cers  exer- 
cising some  pohce  functions  have  been  known  in  the  United 
States  ever  since  1865  when  Massachusetts  estabhshed  a 
state  district  pohce  primarily  for  detective  work.    Between 

*  A  splendid  summary  of  state  legislation  dealing  with  state  police  is  to 
be  found  in  the  American  Political  Science  Review,  Vol.  XV,  p.  82,  "Legis- 
lative Notes  and  Reviews,"  edited  by  W.  F.  Dodd. 


COUNTY  POLICE  FUNCTIONS  177 

that  time  and  1901  several  other  states  created  state  poKce. 
But  in  no  case  were  they  given  general  police  power,  they 
did  not  have  the  broad  function  of  maintaining  the  peace 
as  the  sheriff  has  it.  They  usually  were  organized  for  one 
of  two  purposes.  Either  it  was  to  be  their  function  to 
help  enforce  some  particular  law  that  was  causing  trouble, 
such  as  the  liquor  laws,  the  anti-gambling  legislation,  or 
the  measures  designed  to  protect  state  forest  preserves; 
or  else  they  were  merely  to  do  detective  work  out  of  the 
attorney-general's  office.  Obviously  these  were  very  rudi- 
mentary state  police  organizations. 

The  Texas  Rangers. — In  1901,  however,  the  Texas  Rangers 
were  established.  They  were  an  organization  of  mounted 
men  whose  specific  duty  it  was  to  patrol  the  ^Mexican  border 
and  prevent  trouble  there.  They  were  highly  efficient, 
well  organized,  inspired  great  confidence  and  attracted 
nation- wdde  attention.  The  possibilities  of  such  an  organ- 
ization for  general  police  work  were  at  once  appreciated. 
In  1903  and  1905  Arizona  and  New  Mexico  organized 
similar  forces. 

The  Pennsylvania  Stale  Constabulary. — In  1905  there 
was  created  the  Pennsylvania  State  Constabulary.  It 
was  a  small  group  of  highly  organized,  well-trained  men, 
and  their  specific  function  was  to  suppress  disorder,  par- 
ticularly in  the  vicinity  of  the  great  coal  mining  regions. 
They  were  at  once  the  objects  of  much  praise  and  admira- 
tion on  the  one  hand,  and  violent  condemnation  on  the 
other.  Public  opinion  was  distinctly  divided  and  still 
remains  so. 

The  New  York  State  Troopers. — The  most  significant 
step  was  taken,  however,  in  191 7  when  the  New  York  State 
Troopers  were  organized.  The  creation  of  this  force  was 
particularly  significant  because,  while  it  was  understood 
that  they  would   be  especially  useful   in   labor  troubles 


178  COUNTY  AND  TOWNSHIP  GOVERNMENT 

and  mob  disorders,  they  were  to  have  general  police  func- 
tions. It  was  necessary  to  compromise  on  this  point, 
however,  to  this  extent, — they  were  not  to  operate  within 
the  Kmits  of  any  city  without  the  consent  of  the  mayor. 
These  troopers  have  the  same  power  to  arrest  criminals 
and  maintain  the  peace  that  a  sheriff  has,  and  they  are  free 
to  go  to  any  part  of  the  state. 

The  troopers  are  organized  into  four  units  each  headed 
by  a  captain.  In  all  there  are  about  two  hundred  men. 
The  entire  force  is  under  the  absolute  control  of  a  superin- 
tendent who  is  appointed  by  the  governor.  The  value  of 
such  a  force,  when  mounted,  Hes  in  the  fact  that  it  is  very 
mobile,  can  be  used  in  any  part  of  the  state,  and  possesses 
the  advantages  that  go  with  a  highly  centralized  military 
form  of  organization.  A  few  men  can  patrol  a  very  broad 
rural  area  and  by  constant  and  regular  telephone  com- 
munication can  keep  in  touch  with  any  developments  re- 
quiring their  prompt  attention.  For  the  most  part  they 
command  the  respect  and  good  will  of  the  countryside 
and  are  a  potent  influence  in  the  suppression  of  crime  in 
rural  districts.  When  mobilized  in  a  single  unit  for  some 
particular  purpose  they  make  a  very  formidable  body. 

Compromises  with  the  Sheriff. — Even  so,  a  group  of  two 
hundred  state  police  officers  is  not  likely  to  cause  the 
immediate  retirement  of  all  the  county  sheriffs  In  a  large 
state,  and  that  is  not  intended.  But  the  possibilities  of 
the  future  are  most  significant.  If  state  police  forces  prove 
to  be  satisfactory  they  are  sure  to  be  developed  to  greater 
size  and  assume  more  responsibility.  A  clash  with  the 
sheriff  sooner  or  later  is  Inevitable.  There  are  at  present 
fifteen  states  that  have  some  kind  of  a  state  police  force, 
and  nine  of  them  have  been  created  since  191 7.  It  can 
thus  be  seen  how  recent  the  movement  is.  None  of  the 
others  are  as  yet  so  highly  developed  as  the  New  York 


COUNTY  POLICE  FUNCTIONS  179 

State  Troopers  and  the  Pennsylvania  State  Constabulary; 
but  all  of  the  organizations  are  highly  centralized,  of 
military  type,  mobile,  and  capable  of  quick,  effective 
action. 

The  compromises  that  have  been  made  with  the  sheriff's 
office  are  most  interesting.  In  one  state  the  act  creating 
the  state  police  bestows  upon  them  general  police  power, 
but  specifically  stipulates  that  "their  authority  shall  not  be 
superior  to  the  powers  and  authority  of  the  sheriff  as  the 
principal  officer  of  the  peace  in  his  county."  In  another 
state  the  resident  sheriff  is  to  have  command  of  the  state 
police  when  they  are  operating  in  his  county.  In  yet 
another  state  the  sheriffs  and  constables  are  themselves  to 
constitute  the  state  police,  under  the  command  of  the 
governor.  In  no  case  has  the  sheriff  been  displaced  or  made 
subordinate  to  the  state  police.  The  usual  form  of  com- 
promise is  to  ignore  the  sheriff,  to  permit  him  to  retain  all 
his  powers  and  functions,  but  to  give  the  state  police  officers 
the  same  power  so  far  as  the  maintenance  of  peace  is  con- 
cerned. These  compromises  indicate  the  reluctance  on  the 
part  of  legislatures  to  invade  the  prerogatives  of  county 
sheriffs.  And  even  though  the  logic  of  the  situation  may 
demand  the  ultimate  retirement  of  the  sheriff  as  a  general 
peace  officer  this  will  only  be  accomplished  by  slow  degrees. 

Situation  in  Illinois. — One  of  the  latest  developments 
in  this  connection  occurred  in  the  Illinois  legislature  in  the 
winter  of  192 1.  A  bill  was  introduced  providing  for  a  state 
police  force  and  was  hotly  contested.  The  bill  was  ulti- 
mately defeated,  and  the  arguments  against  it  were  char- 
acteristic. It  was  said  the  principle  involved  was  auto- 
cratic and  militaristic.  It  was  believed  the  state  police 
would  break  down  local  autonomy,  and  would  give  state 
authorities  too  great  power  in  the  cities.  It  was  said  the 
state  police  would  become  brutal  and  arrogant,  and  worst 


l8o  COUNTY  AND  TOWNSHIP  GOVERNMENT 

of  all  they  would  constitute  a  weapon  in  the  hands  of 
Capital  to  be  used  against  Labor,  a  club  in  the  hands  of 
reactionaries  to  be  used  to  suppress  Hberals.  Whether 
there  is  any  truth  in  these  contentions  or  not  they  are 
the  basis  of  opposition  to  state  police. 
Opposition  to  State  Police : 

1.  From  Labor. — Indeed  opposition  comes  from  three 
well-defined  sources.  The  principal  source  of  opposition  is 
organized  labor.  The  labor  unions  are  convinced  that 
state  police  will  always  be  used  to  break  strikes  and  to 
promote  the  cause  of  employers  in  their  conflicts  with 
labor.  In  so  far  as  the  state  police  are  used  to  prevent 
violence  on  the  part  of  strikers,  and  to  protect  others  in 
their  legal  right  to  work,  this  contention  is  no  doubt  true. 

2.  From  Socialists. — Another  source  of  opposition  is  the 
Socialist  Party  and  those  who  are  still  more  radical  than 
the  socialists.  They  believe  the  state  police  strengthen 
the  hands  of  the  propertied  class  in  the  mass  struggle  with 
the  proletariat.  In  so  far  as  the  state  police  protect 
property  this  contention  is  no  doubt  true. 

5.  From  Cities. — Another  source  of  opposition  is  the 
cities.  City  authorities  generally  are  unwilling  that  state 
police  officers  should  operate  within  city  limits.  But  this 
opposition  can  easily  be  met  as  in  New  York  where  the 
troopers  may  operate  within  city  limits  only  with  the 
consent  of  the  mayor. 

State  Police  Desired  by  Certain  Groups. — State  police 
forces  are  wanted  on  the  whole  by  those  who  are  primarily 
interested  In  law  and  order.  Naturally  this  Includes  those 
who  are  inclined  to  be  conservative  in  their  political  views, 
the  employing  class  generally,  and  those  who  own  prop- 
erty. State  police  are  also  wanted  by  the  people  of  the 
rural  districts  who  see  in  them  a  measure  of  protection  that 
can  never  be  afforded  by  the  county  sheriffs. 


COUNTY  POLICE  FUNCTIONS  l8l 

Possibility  of  Appointing  Sheriffs. — Suggestions  for  the 
reorganization  of  county  government  seldom  include  any 
recommendations  concerning  the  sheriff.  It  seems  to  be 
tacitly  assumed  that  he  must  remain  an  elective  officer 
and  continue  to  exercise  the  same  functions  which  he  now 
exercises.  There  are,  however,  certain  possibiHties  of  change 
that  are  worthy  of  consideration.  If  a  state  department  of 
justice  were  created,  similar  to  the  federal  department, 
under  the  attorney-general  of  the  state,  the  sheriff's  might 
possibly  be  appointed  by  the  head  of  this  department  and 
work  under  his  supervision.  This  step  should  be  taken, 
however,  only  if  the  pubHc  prosecutors  also  are  brought 
under  the  control  of  the  state  department  of  justice.  Such 
steps  would  mean  very  radical  change  and  can  hardly  be 
expected  in  the  near  future. 

Another  possibiHty  is  that  the  sheriff  might  become 
merely  an  executive  officer  for  the  courts,  and  perhaps  be 
appointed  by  the  court  along  with  the  clerk.  Police  func- 
tions would  then  be  exercised  by  some  kind  of  a  state 
police  force.  This  may  gradually  come  to  pass.  In  the 
cities  that  are  coterminous  with  counties,  or  nearly  so,  this 
is  already  the  situation.  The  city  poHce  exercise  the  police 
functions,  while  the  sheriff  in  practice  is  nothing  but  a 
functionary  of  the  court,  even  though  he  continues  to  be  an 
elective  officer.  With  the  development  of  state  police  the 
same  fate  may  be  in  store  for  sheriffs  in  the  rural  areas. 

Most  proposals  for  the  reform  of  county  government 
look  toward  concentration  of  power  in  the  hands  of  a  small 
board  which  would  appoint  practically  all  county  officers. 
But  there  is  no  very  good  reason  for  giving  the  board  such  a 
measure  of  control  over  the  sheriff.  His  activities  are  much 
more  closely  related  to  the  state,  although  he  is  elected  for, 
and  functions  in,  the  county.  To  leave  the  prosecutor  and 
sheriff  out  of  any  reorganized  county  machinery  would  not 


i82  COUNTY  AND  TOWNSHIP  GOVERNMENT 

seriously  impede  the  reforms  ordinarily  anticipated.  But 
the  county  board  might  well  have  more  effective  control 
over  the  jail  if  that  institution  is  not  to  come  under  the 
supervision  of  state  authorities. 

As  a  matter  of  fact  the  office  of  sheriff  is  no  doubt  des- 
tined to  remain  very  much  as  it  is  for  many  years  to  come, 
except  for  the  gradual  changes  that  may  be  wrought  in 
urban  counties,  and  in  those  states  where  a  state  police 
force  is  highly  developed. 

THE  CORONER 

Origin  of  Coroner's  Office. — The  coroner  is  very  closely 
related  to  the  sheriff.  The  history  of  this  office  is  almost 
as  old  as  that  of  the  sheriff  and  the  coroner,  too,  is  to  be 
identified  with  nationalizing  tendencies  in  England.  He 
was  in  early  days  a  representative  of  the  crown,  and  through- 
out a  checkered  career  has  exercised  a  variety  of  functions. 
At  one  time  he  appeared  almost  as  a  rival  of  the  sheriff, 
seeking  to  curb  and  curtail  the  powers  and  ambitions  of 
sheriffs  who  were  near  to  breaking  away  from  royal  author- 
ity. 

Coroner  has  One  Primary  Function. — But  there  has 
been  one  important  function  held  by  the  coroner  through- 
out all  the  years  and  it  is  the  one  which  he  to-day  exercises, 
that  is,  the  function  of  investigating  deaths  that  occur 
under  unusual  and  more  or  less  mysterious  circum- 
stances. 

The  coroner  is  popularly  elected  for  the  same  period  as 
the  sheriff  and  acts  as  a  substitute  for  that  ofl&cer  when  for 
any  reason  he  is  incapacitated.  The  coroner  is  entirely 
independent  of  any  authority,  state  or  local,  and  in  the 
exercise  of  his  functions  uses  his  own  discretion  at  all  times. 
He  is  to  be  found  in  virtually  every  county  of  the  United 


COUNTY  POLICE  FUNCTIONS  183 

States,  although  programmes  for  reform  of  county  govern- 
ment usually  leave  no  place  for  him. 

^Vhenever  information  of  a  death  that  has  occurred 
under  unusual  or  more  or  less  mysterious  circumstances 
comes  to  his  attention  the  coroner  is  expected  to  begin  an 
investigation  immediately.  The  statutes  which  impose 
this  duty  upon  him  are  rather  vague  and  leave  much  to  his 
discretion.  They  cannot  be  otherwise.  Personal  judg- 
ment must  be  exercised  in  nearly  every  case,  and  the  cor- 
oner alone  determines  whether  or  not  an  investigation  is 
necessary.  The  statutes  contain  wordy  provisions  that  can 
do  no  more  than  serve  as  suggestions.  They  require  him, 
for  instance,  to  conduct  an  Investigation  ''when  it  is  thought 
death  has  occurred  due  to  violence,"  or  "when  foul  play  is 
suspected,"  or  "in  case  of  accident,"  or  "when  a  physician 
was  not  in  attendance."  Always  it  is  the  coroner  who 
must  exercise  his  discretion.  The  sheriff,  the  city  police, 
the  public  prosecutor,  may  all  urge  him  to  begin  an  inves- 
tigation but  they  have  no  authority  to  compel  him.  As  a 
matter  of  fact,  however,  coroners  are  likely  to  conduct 
numerous  unnecessary  investigations  rather  than  to  neglect 
cases  which  ought  to  be  investigated.  Coroners  are  ex- 
pected to  be  on  the  alert  themselves,  but  cases  are  regularly 
brought  to  their  attention  by  sheriffs,  the  poHce,  the 
prosecutor,  physicians,  the  newspaper  men,  and  other 
private  citizens. 

Inquests. — After  a  very  brief  and  cursory  investigation 
the  coroner  decides  whether  or  not  to  hold  an  inquest.  If 
he  decides  to  do  so  he  is  expected  to  do  it  at  once.  He 
proceeds  to  the  scene  of  the  death  and  impanels  a  cor- 
oner's jury.  In  most  cases  it  is  found  more  convenient,  and 
it  is  quite  permissible,  to  conduct  the  inquest  at  an  under- 
taking establishment,  or  in  the  coroner's  office. 

Coroner's  Juries. — A  coroner's  jury  is  ordinarily  very 


l84  COUNTY  AND  TOWNSHIP  GOVERNMENT 

small,  in  some  states  it  consists  of  three  members,  more 
often  it  is  six.  The  coroner  selects  the  jury  on  his  own 
authority,  often  from  among  bystanders.  Impaneling  a 
coroner's  jury  is  thus  a  very  informal  proceeding;  but  of 
more  significance  is  the  fact  that  jurors  chosen  in  this  way 
are  very  likely  to  be  guided  entirely  by  the  judgment  of  the 
coroner.  He  is  thus  often  in  a  position  to  dictate  verdicts, 
and  through  collusion  with  jurors  their  fees  may  constitute 
a  proHfic  source  of  petty  graft. 

Proceedings  Informal. — It  is  the  duty  of  the  jury  to  view 
the  remains  and  listen  to  the  testimony  presented  to  them. 
The  coroner  presides,  though  he  is  not  a  member  of  the 
jury.  He  summons  witnesses  and  interrogates  them  before 
the  jury.  The  public  prosecutor  may  also  be  in  attendance. 
Proceedings  are  usually  very  informal.  The  testimony  of 
police  officers  and  those  who  discovered  the  victim  is 
usually  of  most  value.  The  coroner  cannot  compel  wit- 
nesses to  testify  if  they  do  not  choose  to  do  so.  There  is 
nothing  in  the  nature  of  a  prosecution  or  defense,  the 
whole  purpose  of  the  proceeding  being  to  discover  how 
the  victim  came  to  his  death.  A  stenographic  record  of 
the  proceedings  may  be  kept  and  it  may  not.  It  is  sel- 
dom of  much  value  even  if  it  is  kept. 

Three  Types  of  Verdicts: 

I.  Natural  Death,  Accident,  or  Suicide. — After  hearing 
all  the  testimony  which  the  coroner  permits  them  to  hear, 
the  jurymen  deliberate  briefly  and  arrive  at  a  verdict. 
In  general  there  are  three  kinds  of  verdicts.  The  first 
kind  is  rendered  when  the  jury  believes  that  all  mystery 
and  suspicion  has  been  cleared  up,  that  the  victim  came  to 
his  death  under  circumstances  for  which  no  one  is  crim- 
inally responsible;  and  in  the  opinion  of  the  jury  the  case 
may  be  considered  closed  as  far  as  public  officials  are  con- 
cerned.    Such  verdicts  are  rendered  in  cases  of  natural 


COUNTY  POLICE  FUNCTIONS  185 

death,  or  pure  accident,  or  suicide.    This  sort  of  a  verdict 
usually  does  end  a  case. 

2.  Murderer  Unknown. — The  second  type  of  verdict  is 
rendered  when  the  jury  has  reason  to  believe  that  the 
victim  came  to  his  death  by  foul  play,  due  to  violence,  or 
poison,  or  something  else,  but  are  unable  or  unwilling  to 
fix  suspicion  upon  anyone.  In  such  cases  they  render  a 
verdict  declaring  the  opinion  of  the  jury  that  the  victim 
came  to  his  death  at  the  hands  of  some  person  or  persons 
unknown  to  the  jury.  This  sort  of  a  verdict  is  a  tacit  urge 
to  the  police  officers  and  the  public  prosecutor  to  seek  out 
the  murderer  as  soon  as  possible;  if  indeed  they  are  not 
already  upon  the  quest. 
J.  Responsibility  Fixed. — The  third  type  of  verdict  is 
rendered  when  the  jury  believes  it  is  justified  in  fixing 
responsibility  for  the  death  upon  some  person  or  per- 
sons. Coroner's  juries  are  reluctant  to  do  this  upon  the 
basis  of  their  very  superficial  investigations,  but  if  the  case 
is  obvious  they  do  so  and  render  a  verdict  which  names 
the  person  whom  they  believe  responsible.  Such  a  ver- 
dict should  be  followed  by  the  immediate  arrest  of  the 
persons  named,  the  coroner  is  competent  to  issue  the 
warrant,  and  it  is  expected  that  the  public  prosecutor 
will  proceed  at  once  with  his  prosecution. 

Inquests  Unnecessary. — At  first  thought  all  these  pro- 
ceedings would  appear  to  be  quite  regular,  altogether 
desirable  and  necessary.  However,  such  an  inquest  is  too 
hasty,  too  informal,  and  too  largely  controlled  by  one  man, 
to  be  relied  up(jn  as  conclusive  in  any  particular.  If 
murder  is  suspected  the  police  and  the  public  prosecutor 
are  expected  to  leave  no  stone  unturned  in  their  efforts 
to  apprehend  and  convict  the  murderer,  and  none  of  their 
responsibility  can  be  shifted  to  the  coroner.  Even  though 
the  coroner's  jury  were  to  declare  the  fatality  a  pure  ac- 


1 86  COUNTY  AND  TOWNSHIP  GOVERNMENT 

cident  the  police  and  prosecutor  would  not  be  justified  in 
abandoning  the  case  if  they  thought  otherwise.  The 
coroner's  verdict  cannot  legally  exonerate  anybody,  al- 
though press  reports  of  inquests  sometimes  lend  color  to  the 
belief  that  they  do  in  effect  exempt  a  suspect  from  prose- 
cution. Yet  it  must  be  said  that  in  practice  a  prosecutor 
is  less  inclined  to  prosecute  if  the  coroner's  jury  has  not 
cast  suspicion  upon  anybody. 

On  the  other  hand,  if  the  coroner's  jury  does  cast  sus- 
picion upon  some  person,  full  responsibihty  rests  upon  the 
poHce  and  the  prosecutor  for  obtaining  a  conviction.  The 
prosecutor  must  conduct  his  own  investigation,  and  while 
he  has  access  to  the  records  of  the  inquest  they  are  of  little 
value  to  him  for  he  must  make  a  very  much  more  thorough 
investigation  himself.  In  a  word,  nothing  whatever  of 
importance  is  done  by  the  coroner  that  must  not  be  done 
over  again  by  the  prosecutor  and  his  aides.  Nothing  that 
the  coroner  has  done  can  be  relied  upon,  and  indeed  the 
prosecutor  is  fortunate  if  the  coroner's  activities  have  not 
actually  impeded  his  own  movements  as  prosecutor. 

Prosecutor  Should  Perform  This  Function. — The  coro- 
ner's inquest  thus  appears  as  a  clumsy,  inconclusive  and  un- 
necessary prehminary  investigation  on  the  part  of  an 
independent  officer  who  bears  no  responsibility  whatever. 
If  such  an  investigation  is  to  be  conducted  at  all  it  ought 
to  be  under  the  supervision  of  the  official  who  is  responsible 
for  the  apprehension  and  conviction  of  the  criminal.  For 
this  the  coroner  is  in  no  sense  responsible,  and  there 
would  seem  to  be  no  reason  why  his  functions  should  be 
performed  independently  of  the  prosecutor's  office. 

The  Coroner  Should  Be  Eliminated. — The  services  of  a 
physician  are  nearly  always  required  at  an  inquest.  Some- 
times the  coroner  himself  is  a  physician,  if  he  is  not  an 
undertaker;  but  in  any  event  there  could  be  a  county 


COUNTY  POLICE  FUNCTIONS  187 

physician  ready  at  the  call  of  the  prosecutor  to  make  any 
investigations  that  might  be  necessary.  And  if  the  prose- 
cutor were  permitted  to  employ  detectives  when  needed 
he  would  be  in  a  position  to  do  everything  that  the  coroner 
does,  do  it  much  more  effectively,  and  do  it  with  a  much 
keener  sense  of  responsibility.  The  coroner  and  his  machin- 
ery could  then  be  eliminated  altogether. 

Abuses  in  Coroner's  Office. — Numerous  abuses  have 
developed  in  the  coroner's  office,  as  would  in  any  office 
the  functions  of  which  might  come  to  be  superfluous.  The 
possibility  of  petty  graft  has  already  been  mentioned.  In 
the  more  populous  counties  the  fees  of  coroner's  jurymen, 
witnesses  and  other  attendants  mount  up  to  large  sums 
that  can  be  divided  as  party  spoils.  And  furthermore 
indolent  prosecutors  can  often  hide  behind  a  coroner's 
jury  and  fail  to  make  the  investigations  that  ought  to  be 
made  simply  because  a  hasty,  careless  inquest  has  resulted 
in  a  verdict  of  pure  accident. 

Another  abuse  grows  out  of  the  insidious  influence  that 
is  sometimes  brought  to  bear  upon  coroner's  juries  by 
public  service  and  other  corporations  seeking  to  be  ex- 
onerated from  responsibility  in  connection  with  the  death 
of  employees  or  other  citizens.  Lawyers  representing  these 
corporations  can  be  present  at  the  inquest.  It  is  some- 
times easy  to  "fix"  juries  chosen  in  such  an  informal  way, 
witnesses  are  corrupted  very  much  more  easily  than  in 
regular  trials,  testimony  is  badly  garbled  beyond  the 
ability  of  coroners  to  straighten  it  out;  and  it  has  even 
happened  that  coroners  have  permitted  the  stenographers 
of  private  corporations  to  prepare  the  official  reports  of 
the  inquests. 

Thus  by  corruption  and  insidious  influence  coroner's 
juries  can  be  brought  to  return  verdicts  that  cast  no  blame 
uf)on  the  cor[)oration.     This  is  done  so  skillfully  as  some- 


l88  COUNTY  AND  TOWNSHIP  GOVERNMENT 

times  to  escape  the  knowledge  of  coroners  and  jurymen 
themselves.  Such  verdicts  do  not  of  course  protect  a 
corporation  in  the  slightest  degree  from  prosecution  by 
relatives  of  the  victim.  But  they  do  at  least  estabhsh  a 
presumption  in  favor  of  the  corporation  and  constitute 
an  initial  advantage  that  is  of  very  distinct  value. 


CHAPTER  X 
THE  LAW  OFFICERS 

The  Public  Prosecutor. — There  is  in  every  one  of  the 
states  a  local  officer  known  variously  as  the  state's  at- 
torney, the  prosecuting  attorney,  the  county  attorney,  or 
the  public  prosecutor.  Probably  the  last  of  these  terms 
is  the  best  one  to  use,  though  any  of  them  is  satisfactory. 
This  officer  has  the  same  functions  in  each  of  the  states, 
he  is  popularly  elected  in  nearly  all  of  them,  and  except 
in  Oregon,  Massachusetts,  and  some  of  the  southern  states 
he  is  a  county  officer.  In  those  states  where  this  exception 
is  the  rule  he  is  elected  for  a  district  larger  than  a  county — 
a  judicial  district. 

It  is  maintained  by  some  that  a  public  prosecutor  is 
not  properly  speaking  an  ofiicer  of  local  government  but 
rather  is  an  officer  of  state  government.  As  regards  this 
matter  he  is  in  just  the  same  position  as  the  sheriff,  and 
the  same  line  of  reasoning  applies  to  his  case  as  applies 
to  the  case  of  the  sheriff.  From  one  point  of  view  it  may 
be  said  the  public  prosecutor  is  not  a  local  officer  for  he 
is  not  to  be  identified  with  that  group  of  officers  centering 
around  the  county  board,  and  who  are  concerned  primarily 
\\ith  county  business  and  the  administration  of  county 
affairs.  He  is  not  part  of  the  county  organization  in  the 
same  sense  that  they  are.  Furthermore,  his  chief  function 
is  to  represent  the  people  of  the  state  in  the  prosecution 
of  criminals,  and  that  certainly  gives  him  the  appearance 
of  being  an  ofiicer  of  the  state  government.  But  on  the 
other  hand,  as  in  the  case  of  the  sheriff,  he  is  absolutely 

189 


igo  COUNTY  AND  TOWNSfflP  GOVERNMENT 

independent,  he  is  not  responsible  to  any  state  authority, 
he  is  not  controlled  by  any  state  officer,  he  is  elected  by 
the  people  of  a  county,  he  is  paid  by  them,  and  in  so  far  as 
he  is  controlled  by  anybody  at  all  he  is  controlled  by  the 
county  electorate.  It  is  therefore  quite  proper  to  speak  of 
him  as  a  county  officer,  bearing  in  mind,  however,  the 
theory  that  as  a  public  prosecutor  he  represents  the  people 
of  the  state. 

The  Prosecutor  as  Legal  Adviser. — He  usually  has 
other  functions  than  that  of  a  prosecutor,  and  these  may  be 
examined  briefly  before  his  duties  as  prosecutor  are  con- 
sidered. In  the  first  place  he  is  usually  the  official  legal 
adviser  to  all  other  county  officers — the  county  board, 
and  the  other  officers  individually.  Questions  are  arising 
constantly  as  to  the  legal  powers  of  the  various  officers, 
their  Habilities  and  their  legal  obligations.  The  law  is  often 
obscure  and  officials  want  authoritative  interpretation  of 
it.  The  pubhc  prosecutor  is  expected  to  give  this  legal 
advice  and  to  interpret  the  law  when  requested  to  do  so  by 
any  of  the  county  officers. 

That  some  trained  lawyer  ought  to  be  at  hand  to  give 
such  advice  there  can  be  no  doubt;  but  that  the  public 
prosecutor  should  be  the  one  to  give  it  there  is  considerable 
doubt.  It  is  not  at  all  infrequently  the  case  that  he  is 
more  or  less  at  odds  with  other  county  officers.  There  are 
several  reasons  for  this.  In  view  of  the  fact  that  all  the 
county  officers  are  popularly  elected  a  great  deal  of  cam- 
paigning must  be  done.  Many  bitter  clashes  occur  among 
aspirants  for  the  different  offices,  animosities  are  developed 
to  a  rather  high  pitch,  and  they  may  not  quickly  be  for- 
gotten. This  is  true  particularly  in  view  of  the  fact  that 
the  office  of  pubKc  prosecutor  is  usually  one  of  the  most 
hotly  contested  positions  in  the  county.  Furthermore, 
whenever  it  is  alleged  that  a  corrupt  ring  of  county  officials 


THE  LAW  OFFICERS  191 

exists,  the  prosecutor's  office  is  the  point  on  which  attack 
is  made.  Reform  campaigns  are  launched  many  times, 
and  if  a  reform  candidate  goes  into  the  office  of  the  prose- 
cutor he  is  Hkely  to  find  his  relations  with  the  other  officers 
not  altogether  friendly.  Open  hostility  is  rare,  but  latent 
distrust  is  very  frequently  to  be  discovered. 

Under  such  circumstances,  and  others  of  a  similar  na- 
ture, the  public  prosecutor  is  not  the  best  person  to  render 
legal  advice  to  his  colleagues.  One  should  have  implicit 
confidence  in  a  legal  adviser,  and  especially  is  this  true 
of  public  officers  who  may  be  handling  large  sums  of  money 
and  who  may  not  be  quite  sure  of  their  liabilities  in  cer- 
tain contingencies.  The  county  treasurer  particularly  is 
at  times  more  or  less  embarrassed  by  legal  problems  that 
arise  in  his  office.  He  cannot  rely  upon  the  advice  of 
an  attorney  who  is  a  political  enemy.  The  only  alterna- 
tive for  an  officer  who  finds  liimself  in  such  a  predicament 
is  to  employ  private  counsel  at  his  own  expense,  and 
this  is  sometimes  done. 

Other  circumstances  also  combine  to  render  the  prose- 
cutor more  or  less  unfit  to  serve  as  legal  adviser.  Being 
quite  independent  of  any  other  officer  he  does  not  have  the 
same  sense  of  responsibility  that  he  would  have  if  he  were 
employed  by  the  person  who  might  be  seeking  his  advice. 
He  may  be  impatient  or  indifferent  toward  requests  for 
advice  that  would  involve  considerable  investigation  on 
his  part;  and  on  the  other  hand  he  may  be  annoyed  with 
constant  inquiries  concerning  small  matters  that  need 
not  have  been  submitted  to  him.  Furthermore,  he  is  per- 
fectly aware  of  the  fact  that  none  of  those  whom  he  is  ad- 
vising are  in  a  position  to  discharge  him  or  even  to  subject 
him  to  authoritative  criticism. 

It  should  be  understood  that  advice  given  by  the  public 
prosecutor  to  another  county  officer  concerning  his  official 


192  COUNTY  AND  TOWNSHIP  GOVERNMENT 

duty  in  no  way  absolves  the  oflEicer  from  responsibility  foi 
any  subsequent  action  he  may  take  based  on  this  advice. 
The  public  prosecutor  might  advise  the  treasurer  with 
great  confidence  that  it  is  proper  for  him  to  retain  the 
interest  on  public  funds.  But  if  the  treasurer  acts  upon 
this  advice  and  it  is  discovered  later  in  the  courts  that  he 
is  not  entitled  to  the  interest  money,  the  treasurer  cannot 
set  up  as  a  defense  the  fact  that  he  acted  upon  the  advice 
of  the  public  prosecutor. 

Public  Prosecutor  Should  be  Relieved  of  This  Function. — 
All  these  considerations  lead  to  the  conclusion  that  it 
would  be  for  the  best  to  relieve  public  prosecutors  of  the 
function  of  rendering  legal  advice  to  other  local  officers. 
As  already  has  been  pointed  out  the  prosecutor  is  not 
closely  associated  with  county  activities.  His  office  seldom 
is  in  the  courthouse,  and  he  has  comparatively  few  con- 
tacts with  other  county  officers.  He  has  been  given  this 
function  of  rendering  legal  advice  without  any  account 
having  been  taken  of  the  political  aspects  of  his  position. 
Potent  influences,  insidious  pressure,  temptations,  preju- 
dices, and  a  variety  of  other  factors  always  grow  out  of 
extra-legal  relationships  and  political  situations  that  may 
not  even  be  suspected  when  considering  the  mere  formal 
organization  of  an  office  or  an  institution  of  government. 
Examining  the  mere  formal  structure  of  the  President's 
cabinet,  for  instance,  an  observer  might  not  suspect  that 
all  the  members  must  be  of  one  political  party  if  it  is  to 
function  successfully.  And  yet  political,  or  extra-legal 
conditions,  make  it  absolutely  imperative  that  this  should 
be  the  case.  Just  so  it  is  that  political  conditions  tend  to 
render  a  public  prosecutor  more  or  less  unfit  to  give  legal 
advice  to  his  colleagues. 

Need  of  County  Counsel. — The  legal  adviser  to  a  public 
official  ought  to  be  subject  to  the  control  of  the  one  whom 


THE  LAW  OFFICERS  193 

he  is  expected  to  advise.  Only  thus  can  real  confidence 
and  a  keen  sense  of  responsibility  be  developed.  It  is 
therefore  suggested  that  the  county  board  might  well  be 
permitted  to  appoint  a  legal  adviser,  who  could  be  known 
as  county  counsel.  This  officer  could  be  employed  on  a 
salary  at  full  time,  or  part  time,  or  he  could  be  paid  only 
for  the  specific  services  he  might  be  called  upon  to  perform. 
These  matters  could  be  determined  as  circumstances  might 
dictate. 

If  such  an  arrangement  as  this  were  made  the  prosecutor 
would  be  entirely  relieved  of  his  function  of  rendering 
legal  advice.  The  principal  objection  to  the  proposal  for 
estabhshing  the  office  of  county  counsel  is  that  it  would 
involve  a  considerable  increase  in  expense.  Furthermore, 
it  should  be  observed  that  very  little  benefit  would  result 
unless  the  county  board  were  also  to  exercise  authoritative 
control  over  other  county  officers  as  well. 

The  Prosecutor  as  Attorney  in  Litigation. — Another 
usual  function  of  the  public  prosecutor  is  that  of  repre- 
senting the  county  in  its  corporate  capacity,  and  county 
officials  in  their  official  capacities.  It  will  be  recalled 
that  the  county  is  a  body  corporate.  As  a  body  corpo- 
rate it  may  sue  and  be  sued  in  the  courts,  it  may  buy  and 
sell  property,  enter  into  contracts  and  employ  persons 
to  do  work.  Thus  It  Is  obvious  that  a  county  may  fre- 
quently be  Involved  In  litigation  either  as  plaintiff  or 
defendant.  Cases  sometimes  grow  out  of  contracts,  the 
contractor  failing  to  fulfill  his  obligation;  or  it  may  be 
that  the  contractor  must  sue  in  order  to  get  his  money. 
Litigation  frequently  grows  out  of  real  estate  transactions 
engaged  in  by  the  county;  and  when  condemnation  pro- 
ceedings are  necessary  there  is  a  great  deal  of  litigation. 
Whenever  the  county  as  a  corporation  enters  an  appear- 
a,nce  in  a  court  the  public  prosecutor  serves  as  counsel  for 


194  COUNTY  AND  TOWNSHIP  GOVERNMENT 

the  county.  In  the  same  way  he  appears  as  counsel  for 
other  county  officers  In  their  official  capacities. 

This  function  of  representing  the  county  in  all  litigation 
may  occupy  a  good  share  of  the  prosecutor's  time,  partic- 
ularly in  those  populous  counties  where  many  business 
relationships  are  entered  into  by  the  county  board.  And 
if  it  is  necessary  to  employ  additional  help  in  the  prosecu- 
tor's office,  a  subordinate  may  be  assigned  exclusively  to 
this  phase  of  the  work. 

Exactly  the  same  arguments  that  were  presented  in  favor 
of  relieving  the  prosecutor  of  his  function  of  giving  legal 
advice  apply  with  equal  force  as  regards  the  function 
now  under  consideration.  It  is  the  county  board  which 
negotiates  contracts.  It  is  the  members  of  the  board  and 
the  other  officers  who  suffer  the  consequences  if  their  legal 
representative  Is  Incompetent.  It  is  therefore  not  proper 
that  they  should  be  represented  In  litigation  by  an  attorney 
whom  they  cannot  control,  who  Is  absolutely  independent, 
and  who  is  conscious  of  no  responsibility  to  the  parties 
whom  he  may  be  representing.  The  absurdity  of  this 
situation  is  constantly  illustrated  by  county  officers  who 
employ  private  counsel  to  represent  them. 

It  may  be  suggested,  therefore,  that  county  counsel  ap- 
pointed by  the  board  for  the  purpose  of  rendering  legal 
advice  might  also  exercise  the  function  of  representing  the 
county  and  county  officers  in  litigation.  The  public  prose- 
cutor could  then  be  entirely  relieved  of  this  function. 

In  those  rural  counties  where  the  public  prosecutor 
does  not  have  enough  public  business  to  keep  him  busy 
anyway,  It  would  seem  to  be  rather  unnecessary  to  re- 
lieve him  of  the  function  of  acting  as  legal  adviser,  and 
of  serving  as  attorney  In  litigation.  But  certainly  when- 
ever his  duties  as  public  prosecutor  reach  such  a  point 
that  his  entire  time  can  be  occupied  as  prosecutor,  then 


THE  LAW  OFFICERS  195 

he  might  well  be  relieved  of  his  other  functions,  to  the 
distinct  advantage  of  all  concerned. 

The  Prosecutor  as  Prosecutor. — We  now  come  to  a 
consideration  of  the  functions  of  this  officer  as  a  public 
prosecutor.  Serving  in  this  capacity  is  by  far  the  most 
important  duty  that  he  has  to  perform.  In  a  word,  he 
is  expected  to  prosecute  all  persons  in  his  county  whom 
he  believes  have  violated  the  law.  The  criminal  who 
commits  robbery  or  murder,  the  autoist  who  speeds  upon 
the  highway,  the  corporation  which  employs  children 
under  age,  the  pool-room  owner  who  operates  gambling 
devices,  the  public  official  who  absconds  with  public 
funds, — all  must  be  sought  out  by  the  public  prosecutor 
and  the  machinery  of  justice  must  be  set  in  motion  by 
him. 

It  should  be  clearly  understood  that  the  public  prose- 
cutor has  nothing  to  do  with  civil  suits  between  private 
individuals.  A  criminal  act  may  give  rise  to  civil  action, 
but  that  Is  no  concern  of  the  public  prosecutor.  He  is 
interested  only  in  seeing  the  criminal  punished  accord- 
ing to  the  law;  the  person  who  has  been  injured  as  a  re- 
sult of  the  crime  may  seek  damages  on  his  own  account 
if  he  chooses  to  do  so,  and  has  any  hope  of  success. 

Theory  Underlying  this  Function. — The  theory  on  which 
the  public  prosecutor  performs  this  function  is  an  old 
one.  It  is  based  upon  the  assumption  that  a  criminal  who 
violates  the  law  of  the  state  has  committed  an  offense 
against  the  state  itself,  and  that  the  sovereign  power  of 
the  state  which  has  ordained  the  law  will  punish  him 
no  matter  how  long  It  takes,  how  much  it  costs,  or  where 
he  goes,  so  long  as  he  can  be  found  within  the  boundaries 
of  the  state.  The  public  prosecutor  is  the  agent  of  the 
sovereign  for  this  purpose.  When  the  sovereign  Is  a  king 
the  prosecutor  acts  In  the  name  of  the  king.     When,  as 


196  COUNTY  AND  TOWNSHIP  GOVERNMENT 

in  the  commonwealths  of  the  United  States,  the  people 
are  sovereign,  he  conducts  his  prosecution  In  the  name  of 
the  people  of  his  state.  Thus  the  punishment  of  crime 
is  the  primary  concern  of  the  sovereign  who  has  ordained 
the  law.  The  person  who  has  been  injured  as  a  result 
of  the  crime  may  assist  the  prosecutor  in  his  work  of 
prosecution,  he  may  be  quite  indifferent  toward  the  matter, 
or  he  may  even  attempt  to  obstruct  prosecution.  But 
in  any  event  it  is  the  duty  of  the  prosecutor  to  proceed 
with  his  case,  in  the  name  of  the  sovereign  people. 

Relation  to  Chief  Executive. — It  will  occur  to  anyone 
at  once  that  the  chief  executive  of  the  state  is  responsible 
for  the  enforcement  of  the  law.  This  of  course  is  true. 
And  it  might  well  be  expected  that  the  public  prosecutors 
would  be  subordinates  of  the  chief  executive  and  do  all 
their  work  under  his  direction.  This  would  be  a  logical 
arrangement,  and  so  far  as  the  United  States  federal 
government  is  concerned  the  theory  is  put  in  practice. 
The  President  of  the  United  States  as  chief  executive 
is  responsible  for  the  enforcement  of  law  and  the  prose- 
cution of  those  who  violate  it.  The  function  is  exercised 
by  an  attorney-general  appointed  by  the  President  and 
responsible  to  him.  And  below  the  attorney-general 
are  a  great  many  district  attorneys  working  under  his 
direction.  Thus  all  the  federal  agencies  of  justice  and 
law  enforcement  are  highly  centralized  under  the  chief 
executive. 

Independence  of  the  Prosecutor. — But  in  the  several 
states  the  doctrine  of  administrative  decentralization 
has  led  to  quite  a  different  situation.  The  governor  or- 
dinarily does  not  appoint  the  attorney-general  of  the  state, 
and  the  public  prosecutors  in  the  various  counties  are 
not  controlled  by  the  state  authorities.  Each  public  pros- 
ecutor in  his  own  county  is  free  to  interpret  the   law  as 


THE  LAW  OFFICERS  197 

he  sees  it,  and  to  prosecute  or  not  as  he  sees  fit.  Neither 
the  governor  nor  the  attorney-general  of  the  state  are  in 
a  position  to  compel  the  local  prosecutor  to  institute  pro- 
ceedings if  he  does  not  desire  to  do  so.  But  the  attorney- 
general  himself,  however,  may  institute  proceedings  in 
any  county  If  he  chooses  to  do  so,  regardless  of  the  wishes 
of  the  local  prosecutor.  It  should  be  remembered,  too, 
that  there  is  usually  adequate  means  of  bringing  pres- 
sure to  bear  upon  a  prosecutor,  or  any  other  officer,  who 
manifestly  refuses  to  exercise  the  functions  of  his  office  or 
to  abide  by  the  law  himself. 

Evils  of  this  Situation. — There  are  at  least  two  distinct 
evils  growing  out  of  this  decentralization.  One  Is  that 
local  prosecutors  are  exempt  from  authoritative  super- 
vision of  any  sort.  This  means  that  local  prosecutors 
may  be  Indolent,  careless,  venal,  indlflferent  and  altogether 
unsatisfactory;  and  yet  there  Is  no  one  In  a  position  to 
stimulate  them  to  better  efTorts  or  to  force  them  to  do 
better  work  on  pain  of  dismissal.  It  means  that  hundreds 
of  young,  Incompetent,  ill-trained  lawyers  blunder  along 
as  public  prosecutors  through  a  period  of  four  years  or 
more,  permitting  the  state's  business  to  fall  into  hopeless 
confusion,  permitting  lawbreakers  to  slip  through  their 
fingers  day  after  day,  while  no  one  is  at  hand  to  render 
assistance,  give  advice,  or  to  exercise  even  unauthorita- 
tive supervision.  Here  is  to  be  found  administrative 
decentralization  at  its  very  worst. 

The  other  evil  growing  out  of  the  situation  is  that  it 
often  results  in  the  law  being  interpreted  differently  and 
enforced  differently  in  the  various  counties.  Laws  that 
deal  with  gambling,  and  the  laws  that  dealt  with  the 
liquor  traffic,  are  of  the  sort  that  lend  themselves  to  dif- 
ferent interpretations,  and  of  course  there  are  many  others 
of  a  somewhat  less  conspicuous  nature.    In  some  counties 


198  COUNTY  AND  TOWNSHIP  GOVERNMENT 

the  prosecutors  will  enforce  them  literally  and  vigorously, 
in  other  counties  the  prosecutors  may  interpret  them 
liberally  and  be  very  negligent  about  enforcing  them. 
There  is  no  central  authority  competent  to  give  the  law 
official  interpretation  and  to  compel  consistent  enforce- 
ment of  it  throughout  the  state.  Each  prosecutor  inter- 
prets the  law  and  enforces  it  to  suit  himself,  or  to  suit 
the  wishes  of  the  voters  in  his  county.  This  is  adminis- 
trative decentralization,  it  is  a  species  of  self-government, 
it  is  a  peculiarly  American  manifestation  of  democracy. 

Responsibilities  of  Prosecutors. — It  will  be  seen  that  vast 
responsibilities  weigh  upon  the  local  prosecutors.  If  they 
are  careless,  indifferent  or  venal,  crime  may  become  ram- 
pant within  their  jurisdictions.  The  best  of  laws  may 
virtually  be  nullified  in  certain  counties.  A  local  prose- 
cutor should  be  on  the  alert  constantly  to  detect  viola- 
tions of  the  law  on  his  own  initiative,  to  investigate  rumors 
and  suggestions  that  come  to  his  office  from  other  officers 
and  from  private  citizens.  A  very  large  part  of  his  work 
indeed  should  be  investigation  accompanied  with  warn- 
ings to  those  whom  he  finds  violating  the  law.  A  prose- 
cutor who  can  build  a  reputation  for  alertness  and  persist- 
ence is  able  to  make  his  county  a  law-abiding  community 
with  a  minimum  of  actual  prosecution.  On  the  other 
hand,  a  prosecutor  who  is  indolent  and  inconsistent,  who 
conducts  spectacular  raids,  seeks  notoriety  for  himself, 
starts  many  sensational  trials  and  presently  drops  them 
when  he  finds  it  convenient  to  do  so,  brings  the  law,  his 
county,  and  himself,  into  contempt  and  ill  repute. 

Local  prosecutors  may  be  very  seriously  hampered 
in  their  work  by  lack  of  funds.  While  the  county  board 
has  no  direct  control  over  the  prosecutor  it  is  the  county 
board  which  must  allow  the  appropriations  for  the  main- 
tenance of  his  ofl&ce.     The  prosecutor's  salary  is  fixed  by 


THE  LAW  OFFICERS  199 

the  state  legislature  and  the  board  is  unable  to  change 
it,  but  the  board  may  refuse  to  allow  him  an  assistant 
even  though  he  needs  one  badly,  it  may  refuse  to  employ 
detectives  and  investigators  for  him  when  it  may  be  very 
necessary  that  he  have  such  aid  in  order  to  secure  evidence 
and  conduct  investigations. 

In  those  counties  where  large  cities  are  to  be  found 
the  public  prosecutor  is  likely  to  have  a  relatively  large 
staff  of  assistants  who  are  assigned  to  various  types  of 
work.  Not  only  does  the  prosecutor  have  legal  aides,  but 
it  is  becoming  more  and  more  the  practice  to  permit  him 
to  employ  special  investigators  and  detectives  to  work 
under  his  direct  supervision.  The  purpose  of  this  is  to 
make  him  more  or  less  independent  of  the  sheriff,  and  the 
city  police  as  well.  The  sheriff  is  often  quite  unable  to 
apprehend  the  criminals  whom  the  prosecutor  is  seeking, 
and  many  times  the  city  police  are  not  willing  to  cooperate 
with  him  whole-heartedly.  Indeed  clashes  between  the 
public  prosecutor  and  city  administrations  are  not  at  all 
uncommon. 

On  the  whole  it  would  seem  to  be  the  part  of  wisdom 
to  strengthen  the  arm  of  the  prosecutor  in  every  possible 
way.  It  is  he  who  is  responsible  ultimately  for  the  con- 
viction of  lawbreakers  and  it  is  not  altogether  fair  to  him 
that  he  should  be  made  too  greatly  dependent  upon  in- 
competent or  unfriendly  officials  whom  he  cannot  control. 
Yet  frcriucntly  that  is  just  his  predicament. 

Disorganization  of  Law  Enforcement  Agencies. — 
(iovemmcntal  agencies  for  the  investigation  of  crime  and 
the  apprehension  of  criminals  are  woefully  disorganized. 
The  sheriff,  the  city  police,  the  prosecutor  and  the  coroner 
may  all  be  trying  to  do  the  same  thing  at  the  same  time; 
each  is  independent  of  the  other  and  each  officer  is  apt  to 
be  jealous  of  his  own  prerogatives.    They  get  in  each  other's 


200  COUNTY  AND  TOWNSHIP  GOVERNMENT 

way,  they  challenge  each  other's  authority,  they  cast  blame 
on  each  other  for  blunders,  and  altogether  they  often 
present  a  most  unedifying  spectacle  of  inefficiency. 

Radical  Changes  Proposed. — Effective  reorganization  of 
the  agencies  of  law  enforcement  would  involve  some  very 
radical  departures  from  the  present  situation.  It  would 
involve  the  appointment  of  public  prosecutors  by  the  at- 
torney-general of  the  state,  the  retirement  of  the  sheriff 
as  a  peace  officer,  and  the  substitution  of  state  police  officers, 
and  the  abolition  of  the  coroner's  office  altogether.  Rad- 
ical as  such  a  proposal  may  seem  it  merely  contemplates 
the  establishment  of  a  system  in  every  way  similar  to  that 
already  established  in  the  federal  government. 

Steps  in  Prosecution. — The  actual  steps  ordinarily  taken 
by  a  public  prosecutor  against  a  lawbreaker  may  be  very 
briefly  outlined.  Criminals  are  arrested  on  sight  by  officers 
of  the  law  if  apprehended  in  the  act,  or  they  may  be  ar- 
rested later  upon  warrants,  issued  at  the  behest  of  the 
prosecutor  or  any  other  citizen  who  is  willing  to  assume 
responsibility  for  charging  a  person  with  crime.  An  im- 
mediate hearing  before  a  justice  of  the  peace  or  a  city 
magistrate  may  be  demanded  in  order  to  discover  if  there 
is  sufiicient  cause  to  hold  the  accused.  This  question  is 
decided  by  the  magistrate,  and  in  case  he  believes  there  is 
sufficient  evidence  to  justify  the  action  he  orders  the  ac- 
cused bound  over  to  the  grand  jury,  bail  is  fixed  according 
to  the  law,  and  the  accused  must  then  await  further  action 
by  the  grand  jury  and  the  prosecutor. 

Procedure  in  civil  offenses  is  slightly  different.  The 
prosecutor  merely  starts  suit  against  the  offender  who  is 
then  required  to  appear  in  court  upon  a  certain  day  and 
answer  to  the  charges. 

The  Grand  Jury. — Very  frequently  the  first  step  in  the 
procedure  against  a  lawbreaker  is  indictment  by  a  grand 


THE  LAW  OFFICERS  20l 

jury.  A  grand  jury  may  be  composed  of  anywhere  from 
five  to  twenty-three  members  selected  by  lot  from  among 
the  registered  voters  of  the  county.  It  is  called  and  meets 
at  stated  intervals,  fixed  by  law.  Special  grand  juries  may 
be  called  in  the  discretion  of  the  court  on  request  of  the 
prosecutor.  The  jury  assembles  and  gives  attention  to  the 
cases  which  the  prosecutor  lays  before  it.  His  object  is  to 
induce  the  grand  jury  to  bring  indictments  against  the 
persons  whom  he  thinks  ought  to  be  prosecuted.  The  jury 
listens  to  all  the  prosecutor  has  to  say,  and  examines  all 
the  evidence  he  thinks  it  necessary  to  lay  before  it.  This 
proceeding  is  in  no  sense  a  trial,  for  the  accused  is  not 
present  nor  is  he  even  represented.  It  is  the  business  of 
the  jury  merely  to  consider  the  prosecutor's  evidence,  and 
to  decide  whether  or  not  the  person  in  question  should  be 
prosecuted. 

Indictments. — After  presentation  of  the  case  by  the 
prosecutor  the  jury  deliberates  in  private  and  determines 
whether  or  not  to  bring  in  true  bills,  or  indictments,  against 
the  persons  accused  by  the  prosecutor.  An  indictment 
sets  forth  in  formal  terms  the  offense  which  the  accused  is 
supposed  to  have  committed.  On  the  basis  of  these  in- 
dictments warrants  are  issued  for  the  arrest  of  those  who 
have  been  accused  and  the  prosecutor  continues  with  the 
case. 

Influence  of  Prosecutor  Over  Grand  Jury. — The  grand 
jury  is  not  restricted  to  a  consideration  only  of  those  cases 
laid  before  it  by  the  prosecutor.  The  jury  may  consider 
cases  on  its  own  initiative  and  bring  in  indictments  even 
against  the  wishes  of  the  prosecutor.  He  is  nevertheless 
expected  to  proceed  with  such  cases.  But  in  actual  prac- 
tice grand  juries  are  very  much  under  the  influence  of 
prosecutors.  Citizens  are  ordinarily  impatient  of  jury 
service  and  arc  anxious  to  get  through  with  their  work  as 


202  COUNTY  AND  TOWNSHIP  GOVERNMENT 

soon  as  possible.  They  have  little  inclination  and  prac- 
tically no  opportunities  to  investigate  cases  on  their  own 
initiative,  or  to  consider  the  other  side  of  a  case  that  has 
been  presented  by  the  prosecutor.  The  members  of  the 
jury  feel  that  the  prosecutor  knows  a  great  deal  more 
about  the  cases  in  hand  than  they  do,  that  he  is  responsible 
for  the  successful  prosecution  of  those  whom  he  has  ac- 
cused, and  that  should  the  accused  prove  to  be  innocent 
all  odium  attaches  to  the  prosecutor  rather  than  to  the 
jury.  For  these  reasons  grand  juries  are  quite  prone  to 
bring  in  indictments  which  the  prosecutor  wants  them  to 
bring  in  and  to  drop  those  cases  which  he  believes  cannot  be 
successfully  prosecuted. 

The  grand  jury  is  a  very  old  institution  and  in  nearly 
all  the  states  an  indictment  by  grand  jury  is  required  by 
law  before  the  prosecutor  may  bring  action.  But  con- 
temporary writers  are  of  the  opinion  that  the  grand  jury 
serves  no  very  useful  purpose  and  that  prosecutors  should 
be  allowed  to  proceed  against  lawbreakers  entirely  upon 
their  own  initiative,  and  without  the  formality  of  indict- 
ment by  grand  jury.  It  is  pointed  out  that  such  reform 
could  not  possibly  prejadice  the  interests  of  those  who  are 
subjected  to  prosecution  and  would  eliminate  a  cumber- 
some, expensive  and  useless  piece  of  judicial  machinery. 

Due  Process  of  Law. — The  first  attempt  to  do  away 
with  the  grand  jury  in  one  of  the  states  was  met  by  the 
contention  that  indictment  by  grand  jury  was  an  essential 
step  in  "due  process  of  law,"  within  the  meaning  of  the 
federal  constitution.  The  supreme  court,  however,  held 
that  indictment  by  grand  jury  is  not  essential  to  due 
process  of  law  and  hence  so  far  as  the  federal  constitution 
is  concerned  the  states  are  free  to  eliminate  the  grand  jury 
altogether.  The  result  has  been  that  a  few  states  have 
eliminated  the  grand  jury,  and  several  others  permit  the 


THE  LAW  OFFICERS  203 

prosecutor  to  bring  suit  "on  information"  without  grand 
jury  indictment  even  though  the  institution  itself  is  still 
retained. 

Cases  Brought  to  Trial. — After  indictments  have  been 
returned  and  the  accused  has  been  brought  into  the  custody 
of  the  court  the  prosecutor  prepares  his  case,  and  the 
defendant  employs  counsel  and  prepares  his  defense.  A 
day  is  set  for  trial  and  the  case  wends  its  way  through  the 
machinery  of  the  courts.  A  prosecutor  is  at  liberty  to 
drop  a  case  at  any  time  with  the  consent  of  the  court, 
and  this  is  done  very  frequently.  Sometimes  the  de- 
fendant goes  free,  other  times  the  prosecution  is  merely 
suspended,  or  abandoned  temporarily,  the  prosecutor 
being  free  to  take  the  case  up  again  at  a  later  date.  Cases 
are  frequently  dropped  for  very  good  reason,  as,  for  in- 
stance, when  the  prosecutor  discovers  evidence  that  con- 
vinces him  the  defendant  is  innocent,  or  when  important 
witnesses  have  escaped  the  jurisdiction  of  the  court.  Other 
times  flimsy  cases  are  begun  ostentatiously  and  with  great 
publicity,  the  deliberate  intention  being  to  abandon  them 
later,  after  public  interest  has  abated. 

Reform  in  Prosecutor's  Office. — The  principal  weak- 
nesses in  the  office  of  public  prosecutor  lie  in  conditions  that 
will  be  extremely  difficult  to  remedy.  In  the  first  place 
it  is  believed  great  improvement  would  result  if  prosecutors 
were  under  some  authoritative  supervision.  Such  super- 
vision ought  to  be  exercised  by  state  authorities,  certainly 
not  the  county  board.  The  prosecutor  should  remain 
quite  independent  of  all  county  ofiScers ;  and  as  pointed  out 
before  he  might  very  well  be  relieved  of  his  duty  of  giving 
legal  advice  to  county  officers,  and  of  representing  the 
county  in  litigation. 

Need  of  Slate  Department  of  Justice. — But  if  he  were  to 
be  brought  under  the  control  of  state  officers  certain  re- 


204  COUNTY  AND  TOWNSHIP  GOVERNMENT 

forms  should  be  effected  in  state  administrative  organi- 
zation. A  complete  reform  would  involve  the  creation  of  a 
state  department  of  justice  headed  by  an  attorney-general 
appointed  by  the  governor.  The  local  prosecutors  could 
then  be  under  the  control  of  this  department  of  justice 
which  also  could  maintain  a  state  police  force.  However, 
public  opinion  is  hardly  prepared  for  such  a  change  as  this 
and  the  local  prosecutor  is  likely  to  continue  in  his  present 
position  of  independence. 

Another  factor  that  works  to  the  disadvantage  of  the 
office  is  that  it  is  deeply  involved  in  politics.  It  is  always 
the  goal  of  the  corruptionist,  it  is  eagerly  sought  by  young 
and  untrained  lawyers  who  want  the  experience  and  pub- 
hcity  the  office  brings,  together  with  the  fixed  salary;  and 
it  is  often  the  last  refuge  of  unsuccessful  lawyers  with  a 
penchant  for  politics. 

On  the  other  hand,  many  of  the  foremost  statesmen  the 
nation  has  produced  began  their  careers  as  brilliant  prose- 
cutors in  the  counties  of  their  residence.  Energetic  young 
men  find  their  way  to  the  office  and,  fired  with  a  desire  to 
build  a  reputation,  work  tirelessly,  and  render  services  to 
the  state  of  far  greater  value  than  is  measured  by  the 
salaries  they  receive.  But  probably  the  best  type  of  local 
prosecutor  is  the  one  who  gives  such  satisfactory  service 
to  his  constituency  that  he  is  elected  term  after  term  for  a 
considerable  number  of  years,  is  not  too  deeply  fired  with 
an  ambition  to  become  governor  or  to  go  to  congress,  and 
is  content  to  remain  a  respected  and  influential  member 
of  his  community. 

THE  PUBLIC  DEFENDER 

Is  Machinery  of  Justice  One-Sided? — In  recent  years 
there  has  been  more  or  less  comment  to  the  effect  that  the 


THE  LAW  OFFICERS  205 

machinery  of  justice  is  one-sided,  that  too  much  attention 
is  given  to  the  maintenance  of  the  machinery  of  prosecution 
and  not  enough  to  the  machinery  of  defense.  Real  justice 
caimot  be  attained  unless  the  accused  enjoys  a  fair  defense 
at  the  same  time  that  he  is  being  subjected  to  vigorous 
prosecution.  No  matter  if  the  theory  of  the  common  law 
be  that  the  accused  is  innocent  until  he  is  proved  guilty, 
the  theory  of  the  prosecutor's  office  invariably  is  that  the 
accused  is  guilty.  Under  such  circumstances  the  accused 
has  small  hope  of  justice  unless  he  is  supported  by  able 
counsel  who  will  undertake  to  bring  out  all  evidence  that 
can  possibly  help  his  case.  The  prosecutor  is  not  judicial 
minded.  Once  started  on  a  case  he  is  seeking  a  conviction, 
prejudging  the  accused  as  it  were,  before  he  has  an  oppor- 
tunity of  defending  himself;  and,  assuming  the  guilt  of  the 
accused,  the  prosecutor  launches  an  attack  with  all  the 
skill  at  his  command. 

It  is  entirely  proper  that  vigorous  prosecutions  should 
be  conducted,  and  prosecutors  cannot  be  expected  to  be 
judges  as  well  as  prosecutors.  But  in  order  that  justice 
shall  be  done  every  defendant  should  have  his  side  of  the 
case  fairly  presented,  and  there  should  be  no  discrimination 
against  penniless  defendants.  Comment  is  persistent  that 
rich  offenders  escape  punishment  with  the  aid  of  high- 
priced  lawyers  and  that  poor  offenders  are  at  the  mercy  of 
the  prosecutor.  To  remedy  this  situation  it  is  suggested 
that  a  public  defender,  as  well  as  a  public  prosecutor, 
should  be  maintained  at  public  expense.* 

As  soon  as  a  person  has  been  indicted  for  a  crime  he 
at  once  employs  counsel  for  defense,  if  he  is  able  to  do 
so.  Right  at  this  point,  it  is  said,  gross  injustice  occurs; 
the  rich  man  is  able  to  employ  the  best  legal  talent  ob- 

♦  Sec  R.  II.  Smith,  Justice  and  the  Poor,  M.  C.  Goldman,  The  Public 
Dcjcndcr,  and  W.  J.  Wood,  Th:  Place  of  the  Public  Defender. 


2o6  COUNTY  AND  TOWNSHIP  GOVERNMENT 

tainable  while  the  poor  man  may  be  unable  to  employ 
any  counsel  at  all.  Both  may  be  accused  of  the  same 
crime,  both  must  face  the  same  prosecutor,  but  the  rich 
man's  chances  of  escape  are  infinitely  better  than  the 
poor  man's.  The  former  can  take  advantage  of  every 
opportunity  the  law  affords  to  present  his  case  in  the 
most  effective  way,  for  his  skilled  lawyers  know  how  to 
do  it. 

Resources  of  Penniless  Defendant. — The  law,  however, 
does  afford  some  relief  for  the  man  who  is  unable  to  em- 
ploy counsel.  In  the  first  place  he  is  permitted  to  plead 
his  own  case  if  he  desires  to  attempt  it.  This  is  an  empty 
concession.  Very  few  individuals  would  attempt  to  take 
advantage  of  this  opportunity  and  it  would  be  quite  im- 
possible for  anyone  not  trained  in  the  law  to  handle  his 
own  case  even  if  he  did  attempt  it.  The  other  alterna- 
tive provided  in  the  law  is  that  which  requires  the  court 
to  appoint  counsel  to  serve  for  a  defendant  who  is  unable 
to  employ  legal  aid  for  himself.  The  court  has  large 
powers  in  this  connection  and  presumably  can  force  any 
attorney  practicing  before  the  court  to  handle  such 
cases.  Counsel  thus  assigned  may  even  be  obliged  to 
serve  without  pay.  Further  than  this  the  court  cannot 
go,  and  no  sort  of  pressure  can  possibly  compel  assigned 
counsel  to  do  good  work  in  the  interests  of  an  unwelcome 
client. 

Assigned  Counsel  not  Satisfactory. — Assigned  counsel 
are  notoriously  bad.  Judges  are  not  inclined  to  compel 
lawyers  to  serve  when  they  are  not  willing  to  be  assigned, 
particularly  in  view  of  the  fact  that  there  are  always 
some  attorneys  about  the  court  who  are  quite  ready  to 
take  assigned  cases.  But  attorneys  who  are  seeking  such 
assignments  are  likely  to  be  young  men  with  nothing  to 
do,  hoping  for  some  experience  and  a  little  publicity;  or 


THE   LAW  OFFICERS  207 

else  they  are  lawyers  actuated  by  some  ulterior  motive. 
If  the  case  in  hand  bids  fair  to  be  sensational  and  is  cal- 
culated to  bring  much  publicity  to  the  attorneys  for 
defense,  able  and  ambitious  criminal  lawyers  will  seek 
assignment  and  do  brilliant  work  for  their  clients,  simply 
for  the  advertising  which  it  brings  to  themselves.  More 
than  one  famous  criminal  lawyer  has  had  his  start  by 
serving  as  assigned  counsel  in  some  sensational  murder 
case. 

But  the  petty  burglar,  the  hold-up  man  or  sneak  thief, 
and  the  ordinary  disturbers  of  the  peace,  can  promise 
no  fame  to  the  lawyer  who  defends  them;  and  since  able 
lawyers  do  not  want  assignments  to  such  cases  they  are 
regularly  turned  over  to  incompetent  lawyers,  or  in- 
trusted to  someone  who  hopes  to  victimize  his  client. 
Judges  attempt  to  avoid  letting  cases  fall  Into  the  hands 
of  this  latter  type  of  lawyer,  but  the  practices  of  such 
men  are  so  subtle  and  insidious  that  it  is  difficult  to  dis- 
cover them.  They  seek  to  prey  at  once  upon  their  client's 
friends  and  relatives,  often  mulcting  them  out  of  larger 
sums  than  would  be  required  to  employ  trustworthy 
counsel. 

Need  of  Public  Defender. — It  is  unnecessary  to  elab- 
orate further  on  the  situation  in  order  to  convince  the 
most  casual  observer  that  defendants  who  are  unable  to 
employ  counsel  fmd  themselves  at  a  distinct  disadvantage 
in  the  criminal  courts.  As  might  be  expected  conditions 
are  worst  in  the  urban  centers;  but  even  though  cases  are 
less  numerous  in  the  rural  communities  and  smaller  cities, 
the  circumstances  work  just  as  much  to  the  disadvantage 
of  penniless  defendants.  Hence  comes  the  suggestion 
for  a  public  defender. 

He  would  be  a  county  officer  paid  by  tlie  county  and 
would  enjoy  the  same  status  as  the  prosecutor.    It  would 


2o8  COUNTY  AND  TOWNSHIP  GOVERNMENT 

be  his  function  to  defend  all  criminals  who  might  be  un- 
able to  employ  counsel,  or  might  choose  not  to  do  so. 
He  would  never  be  overburdened  with  work  for  he  could 
not  possibly  have  more  cases  to  handle  than  the  prosecutor, 
and  probably  never  as  many,  for  those  persons  who  could 
afford  it  would  usually  employ  private  counsel. 

Arguments  in  Favor. — It  is  argued  In  favor  of  creating 
such  an  office  that  the  poor  criminal  would  then  be  sure 
to  have  just  as  good  counsel  to  defend  him  as  would  be 
found  in  the  prosecutor's  office  to  prosecute  him.  Thus 
he  would  not  be  obliged  to  suffer  disadvantage  because 
some  assigned  counsel  did  not  know  the  law,  or  failed 
to  take  an  Interest  In  his  case,  or  through  blundering 
and  Indifference  left  him  to  be  subjected  to  unduly  severe 
punishment.  A  public  defender,  it  is  said,  would  at  least 
afford  him  all  the  relief  which  the  law  permitted  in  his 
case.  A  public  defender  would  also  put  to  rout  the  un- 
scrupulous lawyers  who  attempt  to  exploit  the  poorer 
class  of  criminals,  their  relatives  and  friends. 

The  presence  of  a  public  defender,  It  Is  also  maintained, 
would  do  away  with  certain  of  the  fraudulent  defenses 
that  prosecutors  have  to  deal  with.  Bribed  witnesses, 
false  affidavits,  corrupted  experts,  garbled  testimony, 
purchased  jurors,  and  other  such  factors  would  not  appear 
in  cases  handled  by  a  public  official.  The  public  defender 
would  endeavor  to  afford  his  client  every  legal  safeguard, 
but  no  corruption  would  be  practiced. 

Furthermore,  It  is  insisted  that  if  a  public  officer  were 
handling  the  defense  much  of  the  vicious  antagonism 
that  develops  between  prosecutors  and  counsel  for  defense 
would  be  eliminated.  Both  prosecutor  and  defender 
would  seek  real  justice.  They  might  indeed  consult  to- 
gether on  a  case  before  going  into  court,  and  later  when 
the  case  comes  to  trial  they  could  very  quickly  present 


THE  LAW  OFFICERS  209 

both  sides  without  prejudice  to  either.  There  would  be 
no  spectacular  attacks  designed  to  obscure  the  real  facts 
in  the  case.  The  prosecutor  would  not  be  forced  into  un- 
fair practices  and  the  defense  would  not  resort  to  corrup- 
tion. 

Arguments  Against. — These  arguments  in  favor  of 
establishing  an  office  of  public  defender  in  the  county- 
are  met  with  vigorously  hostile  objections  from  those 
who  do  not  approve  of  the  idea.  It  is  said  that  it  is  quite 
absurd  for  the  county  to  employ  one  man  to  prosecute 
and  punish  criminals  and  another  one  to  set  them  free. 
This  argument  loses  some  of  its  force,  however,  when  it 
is  reflected  that  it  is  not  the  primary  business  of  the  pros- 
ecutor to  punish  the  accused  persons  but  rather  to  seek 
justice,  in  the  name  of  the  state.  It  is  possible  that  jus- 
tice would  be  done  more  effectively  in  many  cases  with 
the  aid  of  a  public  defender. 

Another  objection  is  that  the  maintenance  of  such  an 
office  would  increase  the  cost  of  government.  This  is 
answered  by  the  statement  that  a  great  many  criminal 
cases  would  be  settled  out  of  court  by  the  two  public 
attorneys  in  conference;  that  trials  would  be  very  much 
shorter;  that  many  of  the  obviously  guilty  offenders 
would  be  persuaded  to  plead  guilty;  and  that  in  this  way 
the  expense  of  the  defender's  office  would  far  more  than 
be  offset  by  a  saving  of  time  and  court  costs. 

It  is  further  maintained  that  a  public  defender  would 
not  be  fired  with  the  same  keen  sense  of  responsibility  to 
his  client  that  a  private  attorney  feels  towards  the  person 
who  has  employed  him,  and  that  hence  the  public  de- 
fender would  not  strive  to  leave  no  stone  unturned  in 
order  to  save  his  client. 

This  may  be-  true,  but  there  is  no  denying  that  a  public 
defender  would   take  as  much   interest   in   his  client  as 


2IO  COUNTY  AND  TOWNSHIP  GOVERNMENT 

would  assigned  counsel.  Of  more  weight  is  the  suggestion 
that  prosecutor  and  defender  might  form  the  easy  habit 
of  settling  cases  between  themselves  outside  the  court 
room.  This  could  hardly  be  approved  as  a  general  prac- 
tice but  might  very  often  occur  in  the  cases  of  those  ob- 
viously guilty.  And  the  interests  of  the  general  public 
would  not  be  adversely  affected  by  such  a  practice,  any- 
way. 

Another  point  is  urged  that  might  be  looked  upon  by 
some  as  an  argument  in  favor  of  a  public  defender,  and 
by  others  as  an  argument  against.  It  is,  that  even  though 
such  an  officer  did  exist,  those  defendants  who  could 
afford  it  would  still  employ  private  counsel,  and  thus 
the  wealthy  man  would  still  have  a  very  great  advantage. 
Of  course  this  is  true,  and  yet  it  is  urged  that  if  the  county 
affords  to  every  criminal  counsel  for  defense  who  pre- 
sumably is  possessed  of  as  great  ability  as  the  public  pros- 
ecutor, no  more  can  be  expected. 

Method  of  Selection. — The  method  of  selecting  a  public 
defender  presents  some  difficult  problems.  If  he  be  pop- 
ularly elected,  as  is  the  public  prosecutor,  very  keen 
rivalry  might  easily  develop  between  the  two  officers  in 
such  a  way  as  to  prevent  the  cooperation  and  good  under- 
standing on  which  the  success  of  the  plan  is  based.  If 
both  officers  were  appointed  by  state  authority  better 
results  might  be  expected;  but  such  a  step  as  that  must 
remain  far  in  the  future.  The  defender  might  possibly 
be  an  appointed  subordinate  in  the  prosecutor's  office,  but 
obviously  such  a  method  of  selection  would  give  the 
prosecutor  too  great  a  measure  of  control.  Still  another 
method  of  selection  would  be  to  have  him  appointed  by 
the  county  board. 

It  may  be  said,  however,  that  the  success  of  the  public 
defender  in  those  few  places  where  the  office  has  been 


THE  LAW  OFFICERS  211 

established,  is  not  due  so  much  to  the  method  of  selection 
as  to  the  character  and  real  enthusiasm  of  the  individuals 
who  have  held  the  office. 

Summary. — In  briefly  summarizing  the  suggestions 
that  have  been  made  concerning  reorganization  of  the 
county  law  offices  let  it  be  recalled  that  it  is  almost  univer- 
sally the  practice  to  elect  a  public  prosecutor  who  exer- 
cises the  threefold  function  of  acting  as  legal  adviser 
for  county  officers,  of  representing  the  county  as  a  cor- 
porate body  in  all  Htigation,  and  officers  in  their  official 
capacities,  and  lastly  of  prosecuting  all  lawbreakers  in 
the  name  of  the  people  of  his  state.  He  is  usually  the 
only  law  officer  of  the  county,  and  is  permitted  to  em- 
ploy assistants  when  they  are  needed.  But  it  has  been 
suggested  that  he  might  be  relieved  of  his  first  two  func- 
tions, and  that  a  county  counsel  might  be  appointed  by 
the  county  board  to  perform  them.  A  further  reform 
would  provide  for  bringing  the  public  prosecutor  under 
the  direct  control  of  a  state  department  of  justice.  And 
lastly  there  is  the  suggestion  that  a  public  defender  be 
appointed  by  the  county  board  to  defend  those  who  are 
unable  to  employ  counsel.  There  would  then  be  three 
distinct  law  officers:  the  public  prosecutor,  the  county 
counsel,  and   the  public  defender. 


CHAPTER  XI 
THE  FINANCE  OFFICERS 

The  County  Treasurer. — The  county  treasurer  is  by 
far  the  most  important  of  the  local  finance  ofificers.  The 
county  is  the  area  through  which  practically  all  taxes  are 
collected  and  the  money  all  goes  through  the  hands  of  the 
county  treasurer.  He  is  aU  but  invariably  an  elected 
official  and  the  usual  term  of  office  is  two  or  four  years. 
Sometimes  he  is  not  permitted  to  serve  two  terms  in  suc- 
cession, but  this  unnecessary  prohibition  has  been  eliminated 
in  most  of  the  states.  The  principal  effect  of  such  a  re- 
striction has  been  to  make  it  reasonably  certain  that  the 
treasurer  shall  always  be  more  or  less  inexperienced. 

Office  Combined  with  Others. — The  person  who  exercises 
the  functions  of  treasurer  may  hold  other  offices,  too.  Thus 
it  frequently  happens  that  the  treasurer  is  also  county 
collector;  and  such  illogical  combinations  as  treasurer  and 
recorder  have  been  permitted.  In  those  states  where  a 
single  individual  is  allowed  to  occupy  two  such  offices  the 
law  may  leave  the  matter  to  chance  in  a  certain  sense. 
That  is,  if  one  person  chooses  to  run  as  a  candidate  for 
both  offices  and  is  elected  to  both  he  may  occupy  them 
both.  Otherwise  the  two  offices  will  go  to  two  persons. 
Party  leaders  are  inclined  to  disapprove  of  the  practice 
of  combining  offices,  however,  and  this  has  served  to  pre- 
vent the  practice  to  a  large  extent,  except  where  the  law 
very  definitely  combines  two  such  offices  as  the  treasurer's 
and  the  collector's. 

The  treasurer  is  a  full-time  officer,  but    since  his  work 


THE  FINANCE  OFFICERS  213 

is  heaviest  at  certain  seasons  of  the  year,  when  taxes  are 
coming  in,  it  is  customary  to  provide  him  with  a  temporary 
staff  of  assistants  at  such  times.  As  treasurer  he  is  Hkely 
to  be  paid  a  fixed  salary,  and  that  is  the  way  he  should  be 
paid,  although  the  baneful  fee  system  has  been  applied  to 
his  ofEce  as  well  as  to  other  county  offices.  On  the  other 
hand,  if  he  also  serves  as  collector  he  is  likely  to  be  paid  for 
his  services  in  that  capacity  entirely  with  fees. 

Treasurer's  Bond. — Inasmuch  as  the  treasurer  handles 
such  large  sums  of  money  he  is  required  to  provide  heavy 
bond.  In  the  more  populous  counties  wherein  he  receives 
the  taxes  for  large  cities,  the  amounts  handled  through  his 
office  reach  many  millions  of  dollars;  and  even  in  the  dis- 
tinctly rural  counties  the  amounts  handled  by  the  treasurer 
are  relatively  large.  Hence  the  heavy  bond  is  required. 
This  bond,  a  mere  legal  guaranty  on  the  part  of  others  to 
make  good  to  the  county  any  funds  misappropriated  by 
the  treasurer,  must  be  approved  by  the  county  board. 
In  past  years,  and  to-day  to  a  large  extent,  particularly  in 
the  rural  districts,  it  is  the  practice  of  county  treasurers 
to  secure  the  signatures  of  relatives  and  friends  to  their 
bonds.  And  there  has  been  a  sorry  record  of  defaulting 
treasurers  whose  thefts  have  been  made  good  by  farmers 
and  rural  bankers  at  the  cost  of  nearly  all  they  possessed. 

There  is,  however,  no  excuse  for  the  continuance  of  this 
practice.  Great  bonding  companies  are  always  ready  to 
assume  the  bonds  of  public  officers  upon  payment  of  a 
premium,  the  business  being  carried  on  in  much  the  same 
way  that  insurance  is  handled.  The  county  should  pay 
the  premium,  iox  if  the  treasurer  is  obliged  to  pay  it  himself 
it  means  that  his  salary  is,  in  effect,  reduced  by  the  amount 
of  the  premium. 

Functions  of  Treasurer: 

I.  To  Receive  Funds. — The  primary  functions  of  a  county 


214  COUNTY  AND  TOWNSHIP  GOVERNMENT 

treasurer  are  very  simple  indeed.  He  is  expected  to  receive 
county  funds  and  keep  proper  records  of  them,  to  pay 
them  out  on  proper  authority,  and  to  have  the  actual  care 
of  the  funds  in  the  meantime.  The  principal  source  of 
revenue  is  the  taxes,  though  always  there  are  certain 
fees,  some  income  from  property,  and  fuies  imposed  by 
the  courts,  that  bring  money  to  the  treasury.  The  taxes 
that  are  turned  in  to  the  treasurer  are  state,  city,  county, 
township,  and  various  district  taxes.  Sometimes  city 
treasurers  or  collectors  receive  city  taxes  but  this  is  not 
usual;  and  certain  of  the  minor  districts  are  sometimes 
permitted  to  collect  their  own  taxes  independently  of  county 
officers.  But  by  far  the  most  usual  practice  is  for  county 
treasurers  to  receive  all  taxes  into  their  offices,  and  then 
to  turn  the  proper  amounts  over  to  state,  city,  township, 
and  minor  district  authorities.  In  this  connection ,  therefore, 
county  officers  appear  in  the  character  of  direct  agents  of 
the  state  and  minor  districts. 

This  aspect  of  the  treasurer's  function  requires  the 
keeping  of  very  extensive  book  accounts,  and  his  ofiice 
must  be  equipped  with  a  formidable  array  of  ledgers  and 
cashbooks.  A  detailed  account  must  be  kept  with  each 
individual  taxpayer,  receipts  must  be  prepared  in  con- 
siderable detail,  and  proper  entries  made  in  all  the  tax 
books.  In  these  operations  the  treasurer  comes  in  very 
close  contact  with  the  county  clerk,  or  the  auditor,  as  the 
case  may  be,  who  is  primarily  responsible  for  preparing 
the  tax  books.  Indeed  the  two  officers  are  compelled  to 
use  the  very  same  records  to  a  large  extent,  for  it  would 
be  a  needless  duplication  of  effort  if  each  were  to  have  sep- 
arate books.  The  clerk's  work  comes  first,  as  described 
in  a  previous  chapter;  the  books  are  then  ordinarily  sent 
to  the  treasurer  and  he  uses  them  in  the  discharge  of  his 
functions.     It  may  well  be  imagined  that  harmonious  co- 


THE  FINANCE  OFFICERS  215 

operation  is  sometimes  not  attained,  due  largely  to  the 
fact  that  the  two  officers  are  popularly  elected,  and  quite 
independent  of  any  common  authority. 

The  treasurer's  accounts,  particularly  that  portion  of 
them  which  he  keeps  in  conjunction  with  the  clerk,  must 
always  be  sufficiently  clear  and  up  to  date  in  order  that 
taxpayers  may  discover  at  once  just  how  they  stand  with 
the  county.  Of  course  all  of  his  records  ought  always  to  be 
in  presentable  condition  and  up  to  date.  Unfortunately 
they  are  many  times  not  so.  The  fact  must  be  appreciated 
that  the  treasurer  is  usually  not  in  any  sense  responsible 
to  any  other  officer.  The  county  board  is  supposed  to  have 
general  supervision  over  his  office,  as  it  does  over  other 
county  offices,  but  this  supervision  amounts  to  nothing 
because  the  board  has  no  authoritative  control  over  him 
whatever.  No  other  county  officers  even  have  a  right  to 
inspect  his  books  in  any  other  way  than  as  private  citizens. 
In  a  few  states  county  auditors  are  found  who  examine 
the  treasurer's  books,  and  recent  years  have  witnessed  a 
growing  measure  of  state  supervision  and  control.  Such 
a  step  is  always  followed  by  very  good  results. 

Add  to  the  fact  that  the  treasurer  is  independent  and 
more  or  less  irresponsible,  the  no  less  significant  fact  that 
he  is  popularly  elected,  and  it  will  be  understood  how  his 
records  may  gradually  fall  into  a  deplorable  condition. 
Popular  election  means  that  any  individual  enjoying  the 
general  qualifications  of  citizenship,  age,  and  residence, 
may  succeed  in  reaching  the  treasurer's  office,  for  special 
ciualifications  calculated  to  insure  fitness  for  the  office 
are  not  generally  imposed.  The  result  is  that  a  great  many 
county  treasurers  are  utterly  incompetent  to  keep  their 
records  in  a  proper  way.  They  do  not  provide  themselves 
with  adequate  equipment,  they  are  not  familiar  with 
standard  methods  of  bookkeeping,  and  they  are  not  in- 


2l6  COUNTY  AND  TOWNSHIP  GOVERNMENT 

clined  to  apply  themselves  industriously  to  the  task  of 
learning  how  to  do  their  work. 

It  thus  happens  that  accounts  may  be  kept  in  absurdly 
unsuitable  books,  not  properly  designed  for  the  purpose. 
Entries  are  made  in  pencil,  almost  obscured  by  passing 
years;  and  even  when  made  in  ink  they  may  be  almost 
undecipherable.  Erasures  occur,  lines  and  scratches  are 
drawn  through  entries  that  were  incorrectly  made,  pages 
are  torn  out,  corrections  and  alterations  appear  on  every 
page — pages  that  are  soiled  and  damaged  beyond  descrip- 
tion by  incompetent  and  blundering  hands.  Books  are 
sometimes  lost,  their  covers  are  torn  off,  and  ultimately 
they  are  stuffed  into  boxes  and  barrels  and  consigned  to 
the  benevolent  obscurity  of  the  courthouse  basement. 
Most  of  these  irregularities  could  be  very  quickly  remedied 
by  some  system  of  authoritative  supervision,  which  could 
be  accompanied  with  an  abundance  of  advice,  instruction 
and  assistance. 

As  the  years  go  by  it  often  happens  that  a  deputy  or 
first  assistant  to  the  treasurer  is  appointed  and  remains  in 
the  position  for  many  years,  being  reappointed  term  after 
term  by  succeeding  treasurers.  This  is  a  wise  practice 
and  saves  many  a  treasurer  from  falling  into  difficulties. 
The  deputy  is  appointed  because  of  his  fitness  for  the 
position,  quickly  acquires  a  knowledge  of  his  duties  and 
performs  them  well,  taking  the  responsibility  off  the 
shoulders  of  his  principal.  These  deputies  not  infrequently 
are  women,  entirely  competent,  untroubled  with  political 
aspirations  and  actuated  by  a  real  desire  to  keep  their 
books  in  excellent  condition.  The  present  trend  of  the 
times  would  seem  to  indicate  that  the  day  may  not  be  far 
distant  when  these  servants  of  the  public  may  occupy 
the  office  of  treasurer  themselves.  But  in  any  event  the 
situation  merely  illustrates  the  fact  that  the  proper  way 


THE  FINANCE  OFFICERS  217 

to  secure  a  competent  treasurer  is  by  appointment,  not  by- 
election. 

Effective  super\ision  by  county  authorities  would  be 
much  better  than  none  at  all,  but  state  supervision  is  much 
to  be  preferred.  The  state  law  should  require  that  all 
accounts  be  kept  on  standard  forms  and  that  certain  pre- 
scribed methods  be  pursued  in  all  the  operations.  The 
law  should  require  standard  equipment  in  every  detail  for 
the  treasurer's  office.  An  adequate  inspection  service 
could  then  be  maintained  by  the  state  auditor's  office. 
All  of  these  steps  would  go  far  toward  accomplishing  the 
reforms  that  are  needed.  This  has  been  done  in  a  number 
of  states,  and  when  this  is  the  case  the  county  treasurers, 
even  though  they  are  still  independent  elected  officers, 
have  no  alternative  but  to  keep  their  accounts  in  the 
manner  prescribed  by  law.  And  they  are  stimulated  by 
state  inspectors  to  keep  their  records  in  proper  condition 
at  all  times. 

2.  To  Disburse  Funds. — Another  duty  of  the  county 
treasurer  than  that  of  receiving  county  funds  and  keeping 
records  of  them  is  that  of  paying  out  the  funds  on  proper 
authority.  This  is  purely  a  ministerial  task  and  involves 
the  exercise  of  no  discretion  on  the  part  of  the  treasurer. 
Warrants  are  signed  by  the  county  clerk  or  auditor  and 
when  they  are  presented  to  the  treasurer  he  pays  the  amount 
named.  As  mentioned  before,  in  connection  with  the 
duties  of  the  clerk  in  this  regard,  the  warrant  properly 
signed  is  full  protection  to  the  treasurer.  Any  sum  paid 
out  by  him,  not  covered  by  an  official  warrant,  he  may  be 
required  to  make  good  himself.  This  machinery  is  very 
simple  and  effective.  It  provides  an  easy  way  to  check 
up  on  tliis  i)]iasc  of  the  treasurer's  work,  and  puts  responsi- 
bility upon  the  one  who  signs  the  warrants. 

Even  in  this  process,  however,  irregularities  may  creep 


2i8  COUNTY  AND  TOWNSHIP  GOVERNMENT 

in.  The  law  is  sometimes  lax  in  failing  to  require  specif- 
ically that  warrants  must  be  paid  immediately  upon 
presentation.  If  they  are  not  paid  immediately  it  becomes 
possible  for  the  treasurer  to  indorse  the  warrant,  which 
then  draws  interest  for  the  holder,  while  the  treasurer 
retains  the  money  for  an  indefinite  period  and  enjoys  the 
interest  or  other  perquisities  that  grow  out  of  his  care 
of  pubhc  funds. 

J.  To  Have  Custody  of  Funds. — A  third  function  of  the 
treasurer  is  to  have  charge  of  public  money.  This  would 
seem  to  be  a  very  simple  duty  and  not  calculated  to  give 
rise  to  many  difficulties.  Nevertheless  this  simple  duty 
has  been  shown  to  involve  many  vexed  problems  and 
legal  questions  that  are  not  yet  solved.  For  the  most  part 
they  could  be  removed  by  appropriate  legislation  which 
state  assemblies  appear  more  or  less  reluctant  to  enact. 
Other  of  the  difficulties  might  not  be  entirely  removed  by 
legislation. 

Legal  Questions. — The  law  usually  states  that  the  treas- 
urer '"shall  have  custody  of  the  funds,"  and  goes  no  fur- 
ther to  any  essential  purpose.  This  is  true  particularly 
of  statutes  written  many  years  ago  and  which  remain 
unchanged.  Obviously  the  question  arises, — Just  what 
shall  he  do  with  them.? 

Methods  of  Caring  for  Funds. — The  treasurer  may  have 
very  large  sums  of  money  in  his  possession  for  extended 
periods  of  time,  and  In  the  absence  of  any  control  exer- 
cised through  legislation  or  a  superior  authority  he  is 
largely  free  to  exercise  his  own  discretion  in  the  matter 
of  caring  for  the  funds.  There  are  various  alternatives. 
Conceivably  he  might  invest  them  in  stocks  and  bonds 
or  even  real  estate,  and  a  few  examples  of  such  a  practice 
are  not  lacking.  Naturally  this  Is  not  countenanced  by 
the  courts  even  in  the  absence  of  statutory  provisions  to 


THE   FINANCE  OFFICERS  2ig 

the  contrary.  A  first  requisite  is  that  pubHc  funds  should 
be  cared  for  with  a  minimum  of  risk  and  in  such  a  way 
that  they  will  be  quickly  available  when  wanted,  with- 
out a  loss. 

A  somewhat  more  suitable  way  to  care  for  the  funds 
would  be  to  keep  them  in  a  safe  or  vault.  In  the  absence 
of  instructions  in  the  law  it  would  seem  that  a  treasurer 
fulfills  his  legal  duty  when  he  keeps  the  funds  in  this 
way.  In  early  days  it  was  practiced,  and  no  doubt  it 
is  yet  practiced  in  some  remote  counties  where  the 
sums  in  hand  are  not  large.  But  it  is  obvious  that 
the  simplest  dictates  of  political  economy  forbid  such  a 
custom. 

The  method  now  generally  practiced  is  for  the  treas- 
urer to  deposit  the  funds  promptly  in  some  bank  which 
will  pay  Interest  on  the  amounts  held  and  which  will 
stand  oblIgp,ted  to  turn  them  over  on  demand,  or  after 
stipulated  notice.  County  treasurers  were,  and  still  are 
in  a  majority  of  cases,  free  to  select  the  bank  In  which 
to  deposit  all  the  funds.  This  freedom  at  once  opens 
the  door  to  more  or  less  corrupt  bargaining  with  the  treas- 
urer and  bankers. 

Interest  on  Funds. — If  the  law  does  not  forbid,  the 
treasurer  may  retain  for  himself  the  interest  that  is  paid 
on  the  funds  deposited.  In  case  the  law  does  forbid  him 
to  retain  the  interest  thus  earned  it  Is  still  possible  for 
him  to  make  ajrrangements  with  bankers  whereby  a 
low  rate  of  interest  will  be  paid  over  to  the  county 
treasury,  but  substantial  gifts  may  be  made  to  the 
treasurer  on  the  side.  These  so-called  gifts  may  take 
a  variety  of  forms  and  are  exceedingly  difficult  to 
discover. 

This  abuse  has  been  going  on  for  a  great  many  years. 
In    Cook    County,    Illinois,    hundreds    of    thousands   of 


220  COUNTY  AND  TOWNSHIP  GOVERNMENT 

dollars  have  been  retained  by  county  treasurers  in  past 
years.*  Flurries  of  indignation  are  periodically  stirred  up 
by  newspapers  and  civic  associations  in  those  communities 
where  the  abuse  becomes  particularly  obvious.  But 
popular  indignation  soon  subsides,  the  old  treasurer  goes 
out  with  his  spoils  of  office,  a  new  one  comes  in,  and  the 
evil  is  forgotten.  Occasionally  a  candidate  for  the  ofi&ce 
will  proclaim  during  the  progress  of  his  campaign  that 
he  will  guarantee  to  turn  in  to  the  treasury  all  interest 
earned,  and  he  may  indeed  live  up  to  his  promise.  But 
such  action  as  that,  virtuous  as  it  may  be,  is  no  solution 
of  the  problem.  The  law  ought  to  be  unmistakable  on 
this  point  and  specifically  to  require  that  all  interest 
earned  on  county  funds  be  turned  into  the  treasury.  This 
is  the  case  in  a  few  states,  and  in  some  others  the  courts 
have  taken  it  upon  themselves  to  interpret  the  common 
law  in  such  a  way  as  to  require  treasurers  to  turn  in 
all  Interest  despite  the  absence  of  any  statute  covering  the 
matter. 

Selecting  Depositories. — Furthermore  it  is  altogether 
wrong  that  a  county  treasurer  should  be  at  liberty  to 
select  the  bank  in  which  he  will  deposit  the  county  funds. 
It  is  not  that  he  may  exercise  bad  judgment  and  place 
the  funds  where  they  will  be  unsafe;  the  evil  lies  in  the 
fact  that  his  discretion  In  the  matter  gives  him  a  tremen- 
dously powerful  lever  with  which  he  can  drive  good  bar- 
gains with  banking  institutions, — bargains  through  which 
he  may  profit  enormously  despite  any  law  that  could  be 
written.  Were  he  not  to  have  this  discretion  the  bankers 
would  not  bargain  with  him. 

*  Documents  on  County  Government,  published  by  National  Short  Ballot 
Organization. 

J — "The  Office  of  County  Treasurer  in  Cook  County,  Illinois." 

N — "A  Second  Plea  for  Publicity  in  the  Office  of  County  Treasurer." 


THE  FINANCE  OFFICERS  221 

The  obvious  solution  seems  to  be  to  vest  In  the  county 
board  full  power  to  bargain  with  the  bankers.  The  con- 
tract for  handling  county  funds  could  be  arranged  In  the 
same  manner  and  with  the  same  publicity  as  contracts 
for  building  materials  or  anything  else.  The  various 
banks  could  make  their  legitimate  bids  and  the  board 
could  award  the  contract.  These  contracts  would  stip- 
ulate the  amount  of  Interest,  and  cover  all  other  Important 
points.  The  treasurer  would  then  have  no  choice  but  to 
place  the  funds  in  the  bank  selected.  There  would  still 
be  the  opportunity  for  collusion  between  board  members 
and  bankers,  but  that  can  hardly  be  obviated.  In  those 
states  where  this  practice  has  been  followed  the  periodical 
scandals  Involving  county  treasurers  have  been  largely 
done  away  with. 

Delayed  Entries. — There  are  other  devices,  suggested 
by  the  Ingenuity  of  unscrupulous  spoilsmen,  through 
which  considerable  sums  of  money  may  be  directed  to 
Improper  uses  without  depleting  the  actual  amount  pos- 
sessed by  the  county.  Treasurers  may  be  dilatory  about 
entering  in  their  books  sums  of  money  received  from  tax- 
payers. Ultimately,  when  actually  needed,  the  amounts 
are  entered,  but  In  the  meantime  large  sums  of  interest 
may  have  been  earned  which  the  treasurer's  accounts  do 
not  show.  Again,  the  treasurer  may  be  dilatory  about 
turning  sums  of  money  over  to  the  other  areas  of  govern- 
ment to  which  they  arc  due,  and  it  occasionally  happens 
that  a  city  sues  a  county  treasurer  for  amounts  due  the 
city.  In  the  meantime  interest  has  been  earned.  Another 
phase  of  this  practice  has  been  mentioned  before, — It  is 
that  of  delaying  payments  on  warrants  presented  by 
private  claimants. 

Spoils  of  Ihc  Office. — It  Is  seldom  that  a  county  treas- 
urer, corrupt  though  he  may  be.  Is  permitted  alone  to 


222  COUNTY  AND  TOWNSfflP  GOVERNMENT 

enjoy  the  spoils  of  his  office.  If  such  an  officer  falls  into 
such  practices  he  is  at  once  surrounded  by  henchmen 
who  do  their  utmost  to  keep  him  in  power  so  long  as  he 
divides  the  spoils  and  helps  to  keep  the  party  machinery 
in  operation.  This  is  true  of  course  of  any  public  officer 
who  practices  corruption. 

Essence  of  Reform. — Those  irregularities  which  cannot 
be  effectively  checked  by  legislation,  can  only  be  eradi- 
cated by  thoroughgoing  supervision  and  a  system  of 
audit.  To  a  certain  extent  this  can  be  accomplished  even 
though  the  treasurer  remain  elective.  Vesting  the  dis- 
cretion which  he  now  possesses  in  the  county  board  always 
helps  greatly,  and  the  maintenance  of  state  inspectors 
working  under  the  state  auditor  helps  a  great  deal  more. 
These  reforms  are  usually  accomplished  along  with  more 
or  less  comprehensive  legislation  that  aims  to  leave  no 
doubt  as  to  the  treasurer's  duty  in  connection  with  inter- 
est on  public  funds  and  his  obligation  to  make  payments, 
and  all  the  entries,  promptly.  With  these  changes  the 
county  treasurer  might  well  remain  an  elective  officer, 
especially  in  the  light  of  pubhc  prejudice  which  strongly 
favors  popular  election. 

But  most  students  of  government  and  administration 
are  convinced  that  treasurers  ought  to  be  appointed 
rather  than  elected,  and  there  would  seem  to  be  no  valid 
objection  to  appointing  them,  except  popular  prejudice. 
If  the  treasurer  were  to  become  an  appointive  official  it 
probably  would  be  best  if  he  were  selected  by  the  county 
board  instead  of  by  some  state  authority,  for  much  of 
his  work  relates  closely  to  county  affairs  and  not  at  all  to 
the  state.  But  if  he  were  appointed  by  the  board  this 
fact  should  not  in  any  way  be  allowed  to  inhibit  the  ap- 
plication of  state  audit. 

Statistics  concerning  the  matter  are  not  available  and 


THE   FINANCE  OFFICERS  223 

probably  never  -wall  be,  but  it  can  safely  be  asserted  that 
irregularities  and  defalcations  have  occurred  as  frequently, 
relatively  speaking,  in  the  county  treasurer's  ofi&ce  as  in 
any  other  office  in  the  gift  of  the  people.  Men  elected  to 
the  office  of  county  treasurer  are  no  better  and  no  worse 
than  men  elected  to  other  offices.  But  circumstances 
seem  to  have  conspired  in  such  a  way  as  to  break  down 
moral  resistance  with  greater  frequency  here  than  else- 
where. 

Reasons  for  Defaulting  Treasurers. — Numerous  fac- 
tors play  a  part  in  the  composition  of  forces  which  exerts  the 
pressure.  Aloralists  are  inclined  to  say  that  the  remedy 
for  public  ills  lies  in  selecting  better  men  for  pubHc  office. 
But  there  is  much  more  to  the  problem  than  that.  The 
method  of  selecting  an  officer,  the  official  relationship 
that  exists  between  him  and  fellow  officials,  the  measure 
of  supervision  to  which  he  ^is  subjected,  the  legal  provisions 
concerning  his  function,  the  equipment  with  which  he 
Is  provided,  and  the  temptations  that  are  thrust  in  his 
path,  are  the  factors  which  determine  the  kind  of  service 
he  will  render.  If  these  factors  operate  in  a  negative 
direction  they  can  undermine  good  character  and  break 
down  moral  resistance.  If  they  operate  In  a  positive 
direction  they  can  actually  serve  to  build  up  moral  char- 
acter by  inculcating  a  sense  of  responsibility  and  pride  in 
accomphshment. 

The  county  treasurer's  office  is  peculiarly  adapted  to 
illustrate  this  proposition,  and  those  factors  which  so 
powerfully  affect  the  treasurer  may  be  summarized  in  such 
a  way  as  to  emphasize  their  importance. 

/.  Many  Temptations. — In  the  first  place  the  treasurer 
is  beset  with  many  temptations.  They  come  from  dif- 
ferent sources,  (i)  He  Is  subjected  to  very  strong  political 
pressure.     Next   to   the  prosecutor's  office   the  office  of 


224  COUNTY  AND  TOWNSHIP  GOVERNMENT 

the  county  treasurer  is  the  object  of  the  spoilsmen's  at- 
tack. Corrupt  party  leaders  and  those  who  are  influen- 
tial in  maintaining  a  vicious  political  ring  do  their  utmost 
to  get  control  of  the  treasurer's  offlce.  Any  person  occupy- 
ing the  position  is  subjected  to  insidious  influence  and 
great  temptation.  (2)  He  has  relatively  very  large  sums 
to  handle.  This  in  itself  is  a  temptation,  which  is  greatly 
heightened  by  the  fact  that  (3)  He  is  not  subject  to  any 
real  authoritative  supervision.  (4)  County  funds  do 
not  turn  over  rapidly,  large  amounts  remaining  idle  In 
his  hands  for  a  considerable  period.  (5)  His  office  is  in 
some  obscurity  as  are  most  of  the  county  offices  in  fact. 
(6)  He  is  obliged  to  keep  a  very  large  number  of  small 
accounts  with  the  individual  taxpayers,  and  thus  op- 
portunities for  tampering  with  and  falsifying  accounts 
are  greatly  multiplied.  These  are  the  most  obvious  sources 
of  temptation. 

2.  Law  Obscure. — In  the  second  place  the  law  is  likely 
to  be  very  inadequate  and  obscure  concerning  the  treas- 
urer's office  in  the  following  respects:  (i)  As  to  just  what 
disposition  should  be  made  of  the  funds  in  his  care,  and 
the  measure  of  discretion  vested  in  him  in  the  matter  of 
selecting  depositories.  (2)  As  to  whether  or  not  he  is 
entitled  to  any  of  the  interest  earned  on  public  funds,  and 
whether  it  is  legal  for  him  to  accept  gratuities  of  any 
sort  from  bankers.  (3)  As  to  his  obligation  to  enter  re- 
ceipts promptly,  and  (4)  To  pay  warrants  and  turn, 
funds  over  to  other  areas  of  government  promptly  when 
they  are  due,  so  long  as  there  is  money  to  meet  these 
obligations. 

J.  Popular  Election. — In  the  third  place  the  method 
of  selecting  the  treasurer  results  in:  (i)  Many  unfitted 
men  reaching  the  office.  (2)  Making  it  virtually  Impossible 
for  any  Incumbent  to  enjoy  anything  like  long  tenure  In 


THE  FINANCE  OFFICERS  225 

office,  such  as  would  result  in  greatly  increased  ability. 
(3)  Making  him  too  independent.  (4)  Leaving  him  more 
or  less  vulnerable  to  the  attacks  of  political  spoilsmen. 
Summary  of  Reforms. — The  suggested  reforms  may 
also  be  summarized  briefly.  The  principal  steps  in  re- 
form require  that:  (i)  He  be  appointed  by  the  county 
board  instead  of  popularly  elected.  (2)  State  author- 
ities be  permitted  to  prescribe  standard  forms  and  methods. 
(3)  He  be  subjected  to  a  thorough  and  authoritative 
system  of  state  audit.  (4)  The  law  be  made  more  compre- 
hensive and  clear  concerning  his  duties;  and  (5)  He  be 
deprived  of  any  right  to  exercise  discretion  in  caring  for 
public  funds. 

COUNTY  COLLECTORS 

In  some  states  there  is  to  be  found  a  county  collector 
exercising  his  functions  more  or  less  independently  of  the 
county  treasurer.  His  duties  do  not  occupy  his  full  time 
the  year  around,  and  therefore  he  is  ordinarily  a  part-time 
officer  enjoying  comparatively  small  remuneration.  He 
is  popularly  elected  and  holds  office  for  the  usual  two-  or 
four-year  term. 

Function  of  Collector. — His  function  is  that  of  collecting 
taxes.  His  office  is  usually  open  only  a  few  weeks,  during 
the  period  when  taxes  are  due  and  should  be  paid.  This 
may  be  annually  or  semi-annually.  A  definite  date  is 
fixed  when  his  oflice  will  be  open  and  another  date  when 
it  will  be  closed,  after  which  taxpayers  must  go  to  the 
treasurer  to  pay  their  taxes  with  accrued  penalties.  The 
collector's  office  may  simply  be  a  spot  temporarily  ar- 
ranged for  the  purpose,  in  his  own  place  of  business,  such 
as  a  store  or  a  real  estate  office.  After  the  period  has 
closed  all  the  funds,  books,  records,  and  papers  pertaining 
to  the  office  are  delivered  to  the  treasurer. 


226  COUNTY  AND  TOWNSHIP  GOVERNMENT 

More  frequently  the  office  of  collector  is  a  township  or 
minor  district  office  and  a  collector  is  then  elected  for  each 
township,  all  of  them  turning  in  their  funds  and  records 
to  the  county  treasurer  at  the  close  of  the  stated  period. 

Method  of  Payment. — The  method  of  paying  the  col- 
lector even  when,  as  in  a  majority  of  cases,  the  office  of 
collector  and  that  of  treasurer  are  combined,  has  always 
been  the  object  of  some  disapproval  on  the  part  of  students 
of  public  administration.  He  is  ordinarily  paid  a  per- 
centage of  the  amount  collected.  A  small  fee  is  added  to 
each  taxpayer's  bill  and  these  fees  constitute  the  col- 
lector's compensation. 

In  private  business  the  usual  purpose  of  paying  a  col- 
lector a  percentage  of  the  amount  collected  is  simply  to 
stimulate  him  to  greater  efforts  in  order  to  collect  all  that 
he  possibly  can.  Obviously  this  motive  is  wholly  lacking 
in  the  case  of  a  tax  collector.  He  is  not  expected  to  put 
forth  any  effort  in  order  to  induce  taxpayers  to  pay  their 
taxes.  The  law  requires  them  to  pay,  and  very  definite 
penalties  are  prescribed  for  failure  to  do  so.  No  collector 
could  possibly  be  expected  to  exert  any  personal  effort 
himself  to  bring  further  pressure  to  bear  upon  the  dilatory 
property  owner.  Indeed  in  view  of  the  fact  that  accrued 
penalties  may  even  slightly  increase  the  size  of  his  own 
fee  when  ultimately  the  tax  is  paid,  the  collector  is  inclined 
to  view  delinquencies  with  some  complacency. 

The  reason  for  paying  this  officer  a  portion  of  what  he 
collects  is  then,  that  the  accumulated  fees  are  a  fair  measure 
of  the  labor  involved  in  collection.  That  this  has  been 
substantially  the  case  is  evidenced  by  the  fact  that  the 
method  is  pursued  almost  universally,  even  when  a  salaried 
officer  such  as  the  treasurer  does  the  collecting.  Only  in 
the  final  balance,  however,  do  the  accumulated  fees  con- 
stitute a  fair    measure  of  the  work  involved,  for  taking 


THE  FINANCE  OFFICERS  227 

each  collection  separately  it  can  easily  be  seen  that  the 
work  involved  in  collecting  a  dozen  small  sums  aggregating 
a  few  hundred  dollars  far  exceeds  the  labor  and  expense 
of  collecting  one  sum  of  several  thousand  dollars;  yet  for 
collecting  the  latter  sum  the  fee  is  several  times  as  great. 

The  fee  system  has  been  the  bane  of  all  local  offices. 
Clerks,  treasurers,  sheriffs,  coroners,  supervisors,  commis- 
sioners, recorders  and  collectors — all  have  been  paid  in 
whole  or  in  part  with  fees  at  one  time  or  another.  Always 
it  is  supposed  the  fees  bear  a  fair  relation  to  the  work  in- 
volved, or  else  are  calculated  to  stimulate  the  officer  to  do 
his  work  the  better.  Yet  seldom  has  this  been  the  case. 
The  present  tendency  is  to  abandon  the  fee  system  so  far 
as  compensating  public  ofl&cers  is  concerned,  and  as  for 
the  collector  no  difficulty  would  be  involved  in  determining 
a  reasonable  and  fixed  compensation  based  upon  the 
amount  of  time  he  is  occupied  with  liis  duties. 

Treasurer  Should  be  Collector. — That  no  good  rea- 
son exists  for  separating  the  office  of  collector  from  that  of 
treasurer  is  clearly  shown  by  the  fact  that  most  of  the 
states  bestow  the  function  of  collecting  taxes  upon  the 
treasurer.  Any  person  who  collects  taxes  must  necessarily 
use  the  treasurer's  books.  The  work  only  covers  a  short 
period  of  time,  and  in  case  it  becomes  necessary  it  is  a 
simple  matter  to  employ  additional  help  in  the  treasurer's 
office  when  the  load  is  heaviest.  Sheriffs,  constables, 
clerks,  official  and  unofficial  collectors,  have  all  had  their 
turns  at  collecting  taxes ;  but  it  may  be  anticipated  that  the 
future  will  witness  universal  centralization  of  the  function 
in  the  treasurer's  office,  and  abandonment  of  the  fee  system. 

COUNTY  AUDITORS 

Function  of  County  Auditor. — It  will  be  recalled  that  in 
the  discussion  of  the  county  clerk's  office  it  was  pointed 


228  COUNTY  AND  TOWNSHIP  GOVERNMENT 

out  that  in  some  states  there  is  to  be  found  no  county 
clerk  but  only  a  clerk  of  court,  and  a  county  auditor  who 
exercises  all  the  functions  elsewhere  exercised  by  a  county 
clerk.  In  a  few  states  a  county  auditor's  office  has  been 
established  in  addition  to  the  county  clerk's,  and  where 
this  is  the  case  the  county  clerk  relinquishes  his  function 
of  signing  warrants  and  examining  finance  accounts  of 
other  officers  to  the  county  auditor.  Even  though  this 
office  has  been  created  only  in  recent  years  it  has  generally 
been  made  an  elective  office  in  spite  of  the  fact  that  ex- 
perience had  already  indicated  that  little  advantage  would 
grow  out  of  an  office  of  such  a  nature.  The  creation  of  such 
an  office  merely  lengthens  the  ballot,  sets  up  an  addi- 
tional independent  officer,  and  takes  from  the  clerk  a 
function  which  under  the  circumstances  cannot  be  exer- 
cised to  any  better  advantage  by  the  new  officer  upon 
whom  it  is  bestowed. 

A  county  auditor  cannot  possibly  exercise  that  authori- 
tative supervision  which  is  essential  to  effective  auditing. 
Were  he  appointed  by  the  board  the  situation  would  be 
very  slightly  improved,  but  really  substantial  improvement 
could  not  be  expected  unless  both  the  auditor  and  treas- 
urer, and  certain  other  officers  as  well,  were  appointed  by 
the  board.  Then  a  county  auditor  could  indeed  act  as  an 
agent  of  the  board  and  exercise  authoritative  supervision 
over  the  finance  activities  of  all  the  county  offices  and  in- 
stitutions. 

Auditing  a  State  Function. — But  the  function  of  au- 
diting is  best  performed  by  state  authorities.  An  auditor 
should  be  entirely  free  of  political  pressure  and  local  in- 
fluences, he  should  be  appointive  and  responsible  to  a 
superior  far  removed  from  local  poHtics.  These  facts 
are  quite  generally  appreciated  and  no  doubt  will  lead  to 
the  practice  of  state  supervised  auditing  rather  than  to 


THE   FINANCE  OFFICERS  229 

the  inauspicious  creation  of  additional  independent  county- 
auditors. 

COUNTY  ASSESSORS 

Assessing  Often  a  Township  Function. — In  most  of 
the  states  where  townships  are  to  be  found  in  the  enjoyment 
of  any  of  the  prerogatives  of  local  self-government,  the 
function  of  assessing  property  for  purposes  of  taxation  is 
vested  in  a  township  assessor.  In  other  states,  where  town- 
ships do  not  exist  or  where  they  are  not  characterized  by 
the  same  vitality  that  they  possess  in  certain  North- 
Central  states,  the  function  of  assessing  property  is  vested 
in  a  county  assessor. 

Popular  Opposition  to  Change. — Public  opinion  has 
always  been  exceedingly  jealous  of  the  function  of  assess- 
ment in  view  of  the  fact  that  assessments  determine  the 
relative  amount  of  taxes  that  each  property  owner  shall 
pay;  the  amount  of  county  tax  that  each  township  shall 
pay;  and  the  amount  of  state  tax  that  each  county  shall  pay. 
Vigorous  and  effective  opposition  is  invariably  raised 
against  any  attempt  to  alter  the  essential  features  of  the 
general  property  tax,  or  to  centralize  authority  over 
assessors,  or  to  do  away  with  the  popular  election  of  as- 
sessors. And  any  official  who  appears  in  a  garb  that  sug- 
gests the  character  of  a  tax-gatherer  from  "the  outside"  is 
always  an  object  of  disapproval  and  suspicion.  So  if  there 
be  one  ofTicial  upon  whom,  more  than  another,  a  community 
likes  to  have  its  own  hands  resting  heavily,  it  is  the  assessor. 

Status  of  Assessors. — Hence  it  may  be  said  in  general 
that  assessors  arc  almost  universally  elected;  their  terms 
are  ordinarily  short;  they  are  not  subject  to  superior 
officers  but  are  largely  independent;  and  they  are  likely  to 
be  elected  in  the  smallest  possible  governmental  units, 
which  happen  to  be  the  townships  in  many  states.     Else- 


230  COUNTY  AND  TOWNSHIP  GOVERNMENT 

where  the  assessor  is  a  county  officer  with  deputies  to 
assist  him.  However,  the  general  and  steady  decline  of 
the  township  as  an  important  area  of  government  cannot 
but  indicate  that  township  assessors  are  destined  to 
disappear,  in  spite  of  the  fact  that  the  assessor's  office 
is  likely  to  be  one  of  the  last  strongholds  of  the 
township. 

The  General  Property  Tax. — The  functions  of  the  as- 
sessor are  exercised  in  connection  with  the  application  of 
the  general  property  tax.  This  tax  is  the  principal  source 
of  revenue  in  every  one  of  the  states.  It  is  not  used  by 
the  federal  government  because  of  certain  constitutional 
requirements  which  it  would  be  exceedingly  difficult  to 
satisfy.  It  is  a  very  old  tax  and  has  always  been  used 
in  America,  and  when  reduced  to  its  lowest  terms  the 
process  of  applying  the  general  property  tax  is  very 
simple. 

Fixing  Tax  Rates. — Each  governing  area  determines 
the  sum  of  money  which  it  will  be  necessary  for  it  to  raise. 
Then  it  is  necessary  to  fix  a  money  value  on  all  the  taxable 
property  owned  within  the  taxing  jurisdiction.  The  sum 
of  money  which  it  is  desired  to  raise,  when  divided  by  the 
total  value  of  all  the  property  within  the  area,  will  produce 
a  fraction  which  can  be  expressed  in  terms  of  percent. 
This  may  be  looked  upon  as  a  tax  rate,  which  if  applied 
to  every  piece  of  property  within  the  jurisdiction  will 
produce  the  sum  of  money  required.  It  has  already  been 
explained  that  there  may  be  many  different  jurisdictions 
competent  to  impose  a  tax  rate,  subject  to  the  limitations 
of  the  law.  And  it  should  be  added  that  it  is  permissible 
to  impose  special  rates  for  many  special  purposes.  Thus 
county  authorities  may  impose  special  rates  for  school, 
road,  bridge,  park,  or  other  purposes.  Local  authorities 
are  always  eager  to  be  permitted  to  impose  these  special 


THE  FINANCE  OFFICERS  231 

rates,  for  it  is  then  possible  to  spend  more  money  for  general 
purposes  without  raising  the  rate.  The  practice  of  im- 
posing special  rates  becomes  more  general  every  year. 
Many  of  them  are  very  small,  but  in  the  aggregate  they 
make  the  tax  burden  ever  higher. 

Importance  of  Assess?nent. — The  sum  of  all  the  rates, 
state,  county,  city,  township,  district  and  special,  is  the 
rate  which  is  applied  to  the  property  of  each  taxpayer; 
and  it  will  be  seen  that  it  is  a  matter  of  vital  importance 
to  fix  a  money  value  upon  every  piece  of  taxable  property 
within  the  jurisdiction.     This  is  called  assessment. 

It  cannot  be  too  firmly  emphasized  that  in  connection 
with  no  other  governmental  process  has  the  spirit  of  de- 
mocracy, local  jealousy,  and  a  desire  for  self-government 
been  more  evident,  more  determined,  uncompromising  and 
insistent.  Public  opinion  has  demanded  for  three  hundred 
years  that  local  officials,  locally  elected,  locally  controlled, 
and  independent  of  outside  authority  shall  do  the  assessing. 

But  even  though  local  assessors  do  remain  for  the  most 
part  popularly  elected  and  absolutely  independent,  there 
are  boards  of  review  competent  to  alter  the  assessments 
once  made.  Thus  boards  of  township  trustees  review 
the  assessments  made  by  township  assessors  and  correct 
injustices  as  between  individual  property  owners.  City 
councils  may  have  this  function  within  city  limits.  County 
boards  review  total  assessed  values  as  between  smaller 
districts,  and  a  state  board  equalizes  values  as  between 
counties.  But  this  does  not  aflfect  the  local  assessor  whose 
function  it  is  to  fix  a  money  value  upon  every  piece  of 
taxable  property  within  his  jurisdiction. 

Theory  of  General  Properly  Tax. — The  theory  lying 
back  of  the  general  property  tax  is  that  the  value  of  every- 
thing a  person  owns  can  be  expressed  in  money,  and  the 
total   will   represent  his   wealth,   against   which   the   tax 


232  COUNTY  AND  TOWNSHIP  GOVERNMENT 

rate  can  be  applied.  Thus  a  person's  land,  buildings, 
household  goods,  stocks  and  bonds,  farm  machinery, 
animals,  grain,  jewelry,  wearing  apparel,  etc.,  must  all  be 
listed  and  assessed  at  their  true  value  in  money.  This 
was  formerly  a  very  much  easier  task  than  it  is  to-day. 
Every  year  the  assessor's  problem  becomes  harder.  A 
bewildering  combination  of  factors  combine  to  deter- 
mine real  estate  values,  and  the  problem  of  discovering 
the  value  of  securities,  franchises,  and  Intangible  wealth 
generally,  has  revolutionized  the  assessor's  task  in  the 
last  few  decades. 

Classification  of  Property. — For  the  purpose  of  dis- 
cussing the  subject  of  assessment  it  will  be  found  con- 
venient to  classify  property.  There  are  two  great  classes 
of  property,  real  and  personal.  Real  property  consists 
of  (i)  Land,  and  (2)  Buildings  and  Improvements  in  and 
on  the  land.  Personal  property  consists  of  (i)  Tangible 
personalty,  such  as  household  goods,  machinery,  jewelry 
and  movables  generally,  and  (2)  Intangible  personalty 
such  as  stocks,  bonds  and  securities  in  general.  Real 
property  Is  assessed  and  taxed  within  the  jurisdiction 
where  It  Is  found,  no  matter  where  the  owner  may  reside. 
Personal  property  Is  ordinarily  taxed  in  the  jurisdiction 
where  the  owner  has  his  residence. 

Difficulties  of  Assessing. — Each  sort  of  property  pre- 
sents Its  own  problems  to  the  assessor,  and  even  if  no 
obstacles  were  put  in  his  way  the  difficulties  of  his  task 
would  be  sufficiently  forbidding.  If  no  political  pressure 
were  brought  to  bear  upon  him,  if  the  records  of  all  land 
sales  were  easily  available,  if  all  people  were  honest,  if 
the  doors  of  private  homes  were  wide  open  to  him,  if  he 
were  helped  on  every  hand,  and  himself  possessed  rare 
wisdom,  even  then  his  task  would  be  hard  enough.  Suffice 
it  that  such  conditions  do  not  exist  but  are  supplanted  by 


THE  FINANCE  OFFICERS  233 

other  factors  that  serve  to  enhance  the  inherent  difficulties 
of   assessment. 

Two  Principal  Abuses. — The  result  is  that  two  grave 
abuses  have  appeared:  (i)  Real  property  is  generally 
under-assessed,  resulting  in  great  inequities  as  between 
individuals  and  as  between  minor  areas  of  government. 
(2)  Large  amounts  of  personalty,  particularly  intangibles, 
are  never  assessed  at  all,  resulting  in  throwing  undue  bur- 
dens upon  owners  of  realty,  and  those  who  declare  their 
personalty.  These  evils  are  universal  and  appear  to  be 
inevitable  concomitants  of  the  general  property  tax.  In 
some  counties  the  boast  is  made  that  assessed  values  of 
real  estate  reach  ninety  percent  of  real  values,  and  it  may 
be  true.  It  is  known  on  the  other  hand  that  in  many 
counties  assessed  values  fall  as  low  as  twenty  percent  of 
real  values.  Somewhere  between  these  two  extremes  is 
the  average  of  a  typical  county.  As  to  personalty,  it  is 
quite  impossible  to  hazard  a  guess.  It  is  kno^vn,  however, 
that  in  some  cities  the  total  assessed  value  of  all  personalty 
is  not  as  great  as  the  wealth  possessed  by  one  individual. 
A  brief  examination  of  an  assessor's  function  may  indicate 
how  this  situation  has  come  to  exist. 

The  Assessor  at  Work. — In  the  county  offices  the  asses- 
sor will  find  maps  and  records  of  every  piece  of  land  within 
his  jurisdiction.  He  has  at  hand  the  old  valuations  and 
is  much  inclined  to  let  them  stand  as  they  are,  making  a 
few  changes  here  and  there  as  seem  proper  to  him.  But 
there  is  every  temptation  to  let  these  valuations  remain 
as  they  are  until  such  time  as  the  board  of  review  chooses 
to  make  a  uniform  horizontal  raise  on  all  property  within 
lluir  jurisdiction.  The  assessor,  however,  cannot  escape 
responsibility  for  making  changes  in  values  that  grow 
out  of  special  conditions.  The  extension  of  public  utilities 
3uch  as  water,  gas  and  electric  light,  all  have  their  bear- 


234  COUNTY  AND  TOWNSHIP  GOVERNMENT 

ing  on  property  values.  Paving  is  an  important  factor. 
The  movement  of  population  and  the  shifting  of  business 
centers  affect  property  values  very  materially.  The 
establishment  of  parks,  street  car  lines,  railroads,  Im- 
proved highways,  and  drainage  systems,  affect  the  value 
of  adjacent  property.  The  assessor  must  be  continually 
on  the  alert  to  estimate  the  effect  of  these  and  other  chang- 
ing factors  on  real  property  values,  and  must  note  them 
in  his  assessment  books. 

In  order  to  determine  the  value  of  buildings  and  im- 
provements in  and  on  the  land  the  assessor  must  person- 
ally make  thorough  investigations.  The  elements  of  this 
problem  are  manifest  and  need  not  be  discussed  at  any 
length.  Building  goes  on  continually.  The  value  of 
buildings  is  dependent  upon  a  thousand  and  one  factors 
•  and  an  assessor  must  needs  be  very  skillful  if  he  keeps 
abreast  of  changes  that  are  made. 

Reasons  for  Under-Assessment. — The  chief  reasons  why 
real  property  is  under-assessed  may  be  enumerated:  (i) 
The  inherent  difficulties  are  great  under  the  best  condi- 
tions, and  assessors  naturally  prefer  to  err  by  way  of 
under-assessing  rather  than  by  over-assessing.  (2)  Polit- 
ical pressure  brought  to  bear  upon  assessors  all  tends  to 
make  them  place  assessments  low.  Those  who  elected 
the  assessor  to  office  will  surely  desert  him  at  the  polls  if 
he  is  too  aggressive  in  making  his  assessments.  Local 
authorities  also  desire  that  total  assessed  values  shall  be 
low  in  order  that  the  local  area  will  not  be  obliged  to  pay 
more  than  its  share  of  state  taxes.  (3)  There  is  a  moral 
pressure  brought  to  bear  upon  assessors, — an  intangible 
sort  of  psychological  pressure.  In  his  contacts  with 
property  owners,  with  men  whom  he  meets  upon  the 
street,  and  with  people  everywhere,  he  is  conscious  of 
their  suspicion,  their  tendency  to  mislead  him,    their  af- 


THE  FINANCE   OFFICERS  235 

fected  friendliness,  their  obvious  jealousy  of  neighboring 
property  o\\iiers,  and  their  readiness  to  quarrel  over  any 
hint  about  raising  their  own  assessments.  Such  an  at- 
mosphere cannot  but  have  its  influence  upon  assessors. 
(4)  The  assessor  has  no  superior.  He  is  not  accountable 
to  anyone.  Hence  it  is  very  easy  to  let  old  values  stand, 
and  to  ignore  changes  that  demand  new  and  higher  assess- 
ments. Boards  of  re\'iew  may  alter  his  assessments,  but 
he  is  not  subject  to  their  authority.  (5)  Popular  election 
results  in  a  great  many  incompetent,  easy-going  men 
getting  into  office;  and  the  electorate  is  usually  willing  to 
keep  such  men  there. 

Thus  assessed  values  of  real  property  are  likely  to  be 
far  below  real  values.  State  legislatures  from  time  to 
time  recognize  the  situation  and  by  law  authorize  the 
assessor  to  assess  property  at  a  fraction  of  its  real  value, 
as  one-half  or  two-thirds.  This  is  supposed  to  equalize 
conditions  and  to  put  all  property  owners  on  the  same 
level.  But  such  a  move  never  solves  the  problem.  The 
same  tendency  continues  until  it  is  necessary  once  more 
to  change  the  law. 

Assessing  Personalty. — As  regards  personal  property 
the  evil  lies  not  only  in  the  tendency  to  under-assess 
tangible  personalty,  but  in  failure  to  assess  intangible 
personalty  at  all.  Assessors  must  rely  upon  the  declara- 
tions of  property  owners.  Every  property  owner  is  sup- 
posed to  make  a  sworn  statement  of  all  the  personalty  of 
which  he  is  possessed,  together  with  his  own  estimate  of 
its  value.  The  assessor  may  change  this  after  consulta- 
tion with  the  owner.  But  due  to  the  failure  of  property 
owners  to  make  honest  returns,  and  the  inability  of  asses- 
sors to  discover  concealed  personalty,  the  personal  prop- 
erty tax  has  come  to  be  a  jest  among  officers  of  local  gov- 
ernment and  property  owners  generally  from  one  end  of 


236  COUNTY  AND  TOWNSHIP  GOVERNMENT 

the  country  to  the  other.  Nowhere  is  any  pretense  made 
that  all  personalty  is  declared. 

The  result  is  that  assessors  are  virtually  obliged  de- 
liberately to  under-assess  tangible  personalty  that  is 
declared,  for  if  this  were  not  done  the  tax  rate  applied  to 
that  small  portion  of  personalty  which  is  declared  would 
result  in  confiscation.  The  assessor  has  no  alternative, 
he  is  in  the  midst  of  a  conspiracy  of  silence  and  he  can- 
not be  expected  to  do  much  better  than  he  now  does  so 
long  as  conditions  remain  unchanged. 

Possibilities  of  Reform.— The  situation  ought  to  chal- 
lenge the  attention  of  legislators  in  every  state;  and  in- 
deed some  reforms  are  being  effected  every  year.  But  it 
is  not  the  purpose  to  discuss  tax  reform  in  this  volume 
and  the  remedies  that  seem  to  promise  most  good  will 
merely  be  enumerated. 

/.  More  Rigid  Law  Enforcement. — Exceedingly  severe 
laws  have  been  passed  designed  to  make  the  general 
property  tax  work  in  practice  as  in  theory.  Such  laws 
uncompromisingly  require  the  assessor  to  assess  all  prop- 
erty at  its  true  value  in  money,  and  impose  heavy  penal- 
ties upon  property  owners  who  fail  to  make  honest  re- 
turns. Tax  ferrets,  or  persons  who  make  secret  investiga- 
tions, are  employed  to  discover  evasions.  They  are  paid 
a  proportion  of  the  value  of  untaxed  property  which 
tbey  discover.  These  laws  are  very  unpopular  and  for 
the  most  part  unsuccessful. 

2.  Classification. — Property  has  been  classified  in  many 
states  in  order  that  different  rates  may  be  applied  to 
different  kinds  of  property.  Stocks  and  bonds,  for  in- 
stance, are  then  not  subjected  to  the  same  rate  of  taxation 
as  real  estate.  This  involves  a  modification  of  the  old 
theory  of  the  general  property  tax.  Classification  is  ap- 
proved by  tax  experts  everywhere,  but  public  opinion  is 


THE  FINANCE  OFFICERS  237 

slow    to    sanction    it,    chiefly    because    it  Is   not    under- 
stood. 

J.  Separation  of  Sources. — Separation  of  sources  is  a 
device  sometimes  tried.  The  idea  is  to  let  the  state  govern- 
ment tax  certain  sources  such  as  income  and  corporations; 
and  to  leave  the  local  areas  alone  to  rely  upon  the  general 
property  tax.  This  would  eliminate  the  rivalry  that 
develops  between  counties  to  escape  their  portions  of  the 
state  tax.  But  the  objection  to  separation  of  sources 
usually  is  that  the  state  is  not  left  with  an  adequate  source 
of    revenue. 

4.  Abolition  of  General  Property  Tax. — Complete  aboli- 
tion of  the  general  property  tax  has  been  proposed,  and  in 
its  stead  It  Is  believed  an  income  tax  might  be  applied,  to- 
gether with  such  other  taxes  as  would  seem  proper  and 
desirable. 

5.  Perfection  of  the  Machinery. — But  It  Is  possible 
to  improve  the  machinery  of  taxation  without  radical 
reforms,  and  without  abandoning  the  principle  of  the 
general  property  tax.  Efi'orts  are  being  made  in  this 
direction  every  year,  and  for  our  purposes  It  Is  desirable  to 
inquire  as  to  what  changes  might  be  made  In  the  office  of 
assessor. 

In  the  first  place  there  Is  no  doubt  that  men  of  greater 
skill  could  be  chosen  if  assessors  were  appointed  rather 
than  elected.  And  appointed  assessors  would  be  relieved 
of  much  political  pressure.  It  is  furthermore  desirable  that 
responsibility  for  assessments  should  be  centralized  in  an 
area  not  smaller  than  the  county.  This  would  eliminate 
a  large  number  of  independent,  popularly  elected  assessors 
functioning  In  very  small  districts,  and  would  Insure 
that  assessments  would  be  uniform  within  a  given  county 
at  least. 

An  Appointed  County  Assessor. — If  these  suggestions 


238  COUNTY  AND  TOWNSHIP  GOVERNMENT 

were  acted  upon  there  could  be  a  county  assessor,  ap- 
pointed by  the  county  board,  with  a  staff  of  assistants 
such  as  he  might  need.  The  county  board  itself  could 
serve  as  a  board  of  review,  though  it  would  still  be  necessary 
to  retain  a  state  board  of  review  to  equalize  assessments 
as  between  counties. 


CHAPTER  XII 
LOCAL  CHARITIES  AND  PUBLIC  HEALTH 

Poor  Relief  a  Function  of  Local  Government. — It  has 

been  a  generally  accepted  proposition,  at  least  since  the 
sixteenth  century,  that  each  governmental  area  should  take 
care  of  its  owti  poor.  This  proposition  is  recognized  in  the 
law,  in  the  common  law  and  in  statutes.  Of  course  any 
minor  area  of  government  can  be  compelled  to  care  for  its 
own  poor,  and  to  care  for  them  in  any  way  that  may  be 
prescribed  by  the  law.  But  even  in  the  absence  of  any 
statutes  imposing  such  an  obligation,  or  defining  the  way 
in  which  it  shall  be  discharged,  minor  areas  of  government 
cannot  shift  responsibility.  Thus  villages,  towns,  boroughs, 
cities,  townships,  counties,  parishes,  and  any  other  areas 
of  government  or  political  units  enjoying  a  measure  of  self- 
government  are  expected  to  provide  for  their  own  poor. 
Many  times  there  are  overlapping  jurisdictions,  and  it  is  a 
nice  legal  problem  to  discover  just  where  responsibility 
does  rest;  but  the  general  proposition  has  been  clear  for  at 
least  five  hundred  years;  poor  relief  is  a  function  of  local 
government. 

The  Common-Law  Rule. — But  the  common-law  rule 
does  not  pretend  to  say  how  the  poor  shall  be  cared  for. 
It  can  go  into  no  details.  Destitute  persons  could  all  be 
thrust  in  jail  and  kept  on  bread  and  water  if  local  authori- 
ties chose  to  fulfill  their  duty  in  that  way,  and  if  there  were 
no  statutes  dealing  with  the  matter.  And  exactly  that 
disgraceful  practice  has  been  quite  general  in  years  past, 
in  this  country  as  well  as  in  England.    The  basic  principle 

239 


240  COUNTY  AND  TOWNSHIP  GOVERNMENT 

of  the  common-law  rule  brings  out  an  elementary  function 
of  government  in  its  brutal  simplicity — the  government 
cannot  allow  people  within  its  jurisdiction  to  die  of  star- 
vation and  exposure.  The  proposition  is  clear  and  logical, 
and  certainly  humanitarian  considerations  could  not  ad- 
mit of  less. 

These  principles  were  carried  over  to  American  soil,  and 
no  sooner  were  minor  areas  of  government  established  here 
than  local  authorities  began  to  assume  the  responsibility 
of  caring  for  the  poor.  The  little  New  England  towns, 
the  villages  and  boroughs,  the  parishes  in  the  South,  and 
where  none  of  these  minor  areas  existed,  then  the  counties, 
set  up  machinery  and  institutions  for  the  care  of  the  poor. 
This  practice  has  continued  until  the  present  day,  and  in 
the  absence  of  special  legislation  to  the  contrary,  the 
smallest  area  of  government  is  expected  to  extend  some 
kind  of  poor  relief.  The  entire  situation  can  of  course  be 
altered  by  legislation  at  any  time.  Thus  special  obliga- 
tions can  be  imposed  upon  counties,  and  the  townships 
be  entirely  relieved;  or  the  state  itself  may  take  over  the 
function  of  poor  relief.  The  common-law  rule  has  not 
been  suflficient,  and  in  recent  years  more  and  more  legisla- 
tion has  been  written  in  the  statute  books  in  order  to  rem- 
edy the  unfortunate  conditions  that  have  been  uncovered, 
and  to  provide  more  effective  means  of  extending  poor 
relief. 

Until  some  years  after  the  Civil  War  very  little  had 
been  done  through  legislation.  The  minor  areas  handled 
their  own  problems  as  they  saw  fit,  and  conditions  fre- 
quently were  most  deplorable.  All  manner  of  dependents 
were  kept  in  abominable  surroundings,  many  times  in  the 
local  jail,  for  of  other  public  buildings  there  were  none. 
Indeed  an  extended  account  of  poor  relief  in  the  United 
States  during  the  first  half  of  the  nineteenth  century  would 


LOCAL  CHARITIES  AND  PUBLIC  HEALTH  241 

conjure  up  an  ugly  picture  that  may  be  passed  over  here 
and  left  to  the  historian. 

The  Move  away  from  Extreme  Decentralization. — 
But  in  the  years  following  the  Civil  War  the  desirability 
of  doing  something  to  improve  existing  conditions  was 
gradually  impressed  upon  the  public  mind,  progressive 
steps  were  slowly  taken  and  led  to  much  improvement  in 
the  years  that  followed.  The  first  step  toward  improve- 
ment was  to  break  away  from  extreme  decentralization. 
It  was  observed  that  from  most  every  point  of  view  it  was 
highly  undesirable  that  the  smallest  areas  of  government 
should  exercise  the  function  of  poor  relief  independently. 

Considerations  Leading  to  Centralization. — There  were 
several  considerations  pointing  to  this  conclusion:  (i)  In 
the  first  place  it  was  not  economical.  Even  the  niggardly 
relief  that  was  extended  by  the  small  areas,  would  in  the 
aggregate  cost  ever  so  much  more  than  would  a  much 
better  sort  of  relief  if  extended  by  a  larger  area,  or  by  the 
small  areas  cooperating.  Thus  one  large  institution  can 
be  maintained  at  a  lower  cost  than  half  a  dozen  small  ones, 
and  yet  accommodate  just  as  many  persons.  (2)  Again, 
the  fact  could  not  escape  attention  that  different  types  of 
dependents  needed  different  sort  of  care,  and  this  could 
only  be  given  through  cooperation.  The  small  units  could 
not  afford  to  render  specialized  care  to  different  types  of 
dependents.  (3)  And  if  better  care  were  given  to  depend- 
ents the  problem  of  poor  relief  would  at  least  tend  to  be 
eliminated.  Intelligent  poor  relief  tends  to  lessen  the  need 
for  subsequent  relief.  (4)  Furthermore,  if  responsibility 
for  poor  relief  were  vested  in  some  authority  having  juris- 
diction over  several  smaller  areas,  then  the  disgraceful 
scramble  to  shift  responsibility  from  one  small  jurisdiction 
to  another  would  tend  to  be  eliminated. 

Who  is  Entitled  to  Relief? — This  last  evil  had  been 


242  COUNTY  AND  TOWNSHIP  GOVERNMENT 

recognized  in  earliest  days,  and  there  has  always  been 
some  law  upon  the  subject.  The  question  arises — To 
what  persons  must  local  authorities  extend  relief?  And 
the  answer  is — To  destitute  persons  who  are  residents 
within  the  jurisdiction.  A  resident  is  ordinarily  one  who 
has  established  a  domicile  or  who  has  lived  within  the 
jurisdiction  a  long  enough  time  to  justify  the  conclusion 
that  he  intends  to  become  a  resident.  The  law  is  vague 
and  cannot  well  be  otherwise.  A  person  may  come  into  a 
jurisdiction  and  establish  him.self  with  the  deliberate 
intention  of  remaining  indefinitely.  In  the  eyes  of  the  law 
he  has  established  a  domicile  and  has  become  a  resident 
at  once.  He  is  entitled  to  relief  if  he  needs  it.  On  the 
other  hand,  a  wandering  derelict  may  have  no  domicile 
anywhere,  he  resides,  as  it  were,  in  the  fields  and  the  gutters, 
in  freight  cars  and  back  alleys.  And  it  is  difficult  to  say 
just  when  the  obligation  to  relieve  him  rests  upon  local 
authorities. 

Legislatures  have  attempted  to  solve  the  problem  but 
have  not  altogether  succeeded.  The  rule  usually  is  that 
residence  within  the  jurisdiction  one  year  entitles  an  indi- 
vidual to  relief,  unless  he  has  been  ordered  to  leave  before 
that  time.  The  case  of  wandering  derelicts  is  not  so  clear. 
They  wander  about  from  place  to  place,  leaving  their 
accustomed  haunts  for  a  few  months,  and  then  returning 
again,  never  really  establishing  what  could  be  considered 
a  domicile.  They  are  residents  of  the  state  most  certainly, 
but  of  what  county?  what  city?  what  township?  It  is 
frequently  impossible  to  say. 

Rivalry  to  Escape  Responsibility. — Out  of  this  confusion 
there  has  arisen  an  unseemly  rivalry  among  minor  areas  of 
government,  each  endeavoring  to  shift  responsibility  upon 
the  neighboring  jurisdiction.  The  early  New  England 
towns  met  this  very  same  problem  by  refusing  to  admit 


LOCAL  CHARITIES  AND   PUBLIC  HEALTH  243 

persons  who  bid  fair  to  become  public  charges.  To-day  no 
area  of  government  can  refuse  admittance  to  law-abiding 
citizens;  but  it  is  possible  to  send  them  on  their  way, 
however.  Hence  the  very  general  practice  has  developed 
among  towns,  villages,  small  cities  and  counties,  of  passing 
on  their  undesirables.  Such  persons  are  given  formal 
notice  to  depart,  and  the  serving  of  such  notice  prevents  a 
person  from  establishing  a  legal  residence.  Sometimes 
they  are  literally  assisted  to  depart.  Tramps,  derelicts, 
loafers,  drunks,  drug  addicts,  prostitutes,  and  even  the 
feeble-minded,  are  hurried  on  from  town  to  town;  and 
ever  and  anon  they  reappear  and  are  again  dispatched  upon 
their  way.  When  they  are  utterly  destitute  and  unable 
to  move,  local  authorities  may  pay  their  car  fare  to  the 
next  town.  This  item  of  expenditure  is  always  found  in 
local  budgets.  Thus  a  vicious  circle  is  maintained,  the 
practice  is  contagious,  no  locality  dares  stop,  for  if  it  does 
the  undesirables  immediately  begin  to  accumulate  to  a 
most  alarming  degree. 

Common  sense  and  humanitarian  considerations  forbid 
the  practice  of  such  a  silly  custom,  for  it  accomplishes  no 
good  for  anyone.  The  victim  has  no  chance  to  get  upon 
his  feet,  and  falls  lower  and  lower  until  finally  he  reaches 
the  very  bottom  of  the  scale  and  must  be  cared  for  by  some 
locality.  And  yet  it  is  important  that  no  town  or  county 
should  be  obliged  to  care  for  dependents  that  properly 
belong  to  another  jurisdiction.  A  dependent  once  acknowl- 
edged and  accepted  as  a  public  charge  upon  the  locality 
where  he  happens  to  be  found,  may  remain  a  public  charge 
for  fifty  years;  and  it  is  no  light  matter  to  assume  such  an 
obligation.  Naturally  there  are  many  dependents,  women, 
children,  the  sick  or  insane,  who  cannot  be  passed  along 
indefinitely,  and  each  locality  has  some  of  these,  for  whom 
it  must  provide. 


244  COUNTY  AND  TOWNSHIP  GOVERNMENT 

Cooperation  of  Local  Areas. — It  will  be  seen  that  much 
of  this  rivalry  can  be  eliminated  and  the  situation  greatly 
improved  if  responsibility  for  extending  poor  relief  be 
centered  upon  county  authorities  rather  than  left  for 
smaller  local  areas.  Even  so  rivalry  would  still  exist  among 
counties,  and  this  can  hardly  be  eliminated  unless  the 
state  assumes  responsibility.  But  it  has  come  to  be  the 
case  that  to-day  in  nearly  every  state  the  county  is  re- 
quired by  law  to  assume  certain  responsibilities  in  con- 
nection with  poor  relief.  Not  infrequently  it  happens 
that  counties  and  smaller  areas,  the  villages  and  town- 
ships, cooperate  in  the  care  of  the  poor,  either  voluntarily 
or  as  a  result  of  legal  requirements.  The  county  frequently 
maintains  control  over  the  necessar}^  institutions  while 
the  smaller  areas  pay  for  the  support  of  their  own  poor, 
in  the  institutions.  This  leads  to  more  or  less  bickering 
and  dissatisfaction,  however,  and  it  is  much  better  for  the 
counties  to  assume  full  responsibility  and  control.  Some- 
times a  number  of  counties  voluntarily  unite  in  order  to 
maintain  a  better  type  of  institution  such  as  no  one  of 
them  could  possibly  afford  to  maintain.  This  is  a  step  but 
very  little  short  of  state  control. 

Dependents  not  a  Homogeneous  Group.— Accepting 
the  fact  that  poor  relief  to-day  is  very  generally  a  county 
function  it  is  necessary  to  examine  into  the  various  aspects 
of  it.  In  the  first  place  it  must  be  clearly  understood  that 
the  poor  do  not  constitute  a  homogeneous  group  by  any 
means.  There  are  many  different  types  of  destitute  persons 
each  requiring  a  different  sort  of  care.  They  possess  but  one 
characteristic  in  common  which  is  that  of  being  poor  or 
destitute.  Indeed  this  is  the  essential  factor  in  making 
an  individual  dependent  in  the  eyes  of  the  law  and  thus 
entitled  to  rehef.  It  is  sometimes  necessary  to  conduct 
an  inquiry  through  court   proceedings  in  order  to  deter- 


LOCAL   CIL\RITIES  AND   PUBLIC  HEALTH  245 

mine  whether  or  not  a  certain  individual  is  poor  enough,  is 
near  enough  to  destitution,  in  order  to  be  considered  a 
dependent;  but  it  seldom  comes  to  this.  But  once  a 
person  is  so  poor  and  so  nearly  destitute  as  to  qualify  un- 
mistakably as  a  dependent,  he  is  entitled  to  be  protected 
against  starvation  and  exposure.  This  means,  in  its 
lowest  terms,  that  he  must  be  provided  with  food,  clothing, 
and  shelter. 

Classification  of  Dependents. — But  the  poor  can  im- 
mediately be  classified  into  several  distinct  groups.  Va- 
rious bases  of  classification  at  once  occur.  They  are: 
(i)  Men  and  Women,  (2)  Able-bodied  Adults,  (3)  Aged 
and  Infirm,  (4)  Sane  and  Insane,  (5)  Healthy  or  Diseased, 
(6)  Children  of  Indigent  Parents,  (7)  Orphans  and 
Foundlings.  These  bases  of  classification  are  the  most 
obvious  and  it  is  clear  that  each  group  is  likely  to  need 
distinctive  sort  of  care. 

Methods  of  Extending  Poor  Relief. — In  general  there 
have  been  three  different  methods  that  have  been  pur- 
sued by  local  authorities  in  extending  poor  relief.  They 
are:  (i)  Outdoor  relief,  (2)  Farming  out,  and  (3)  Institu- 
tional care.  Sometimes  one  method  alone  is  followed, 
sometimes  all  three,  other  times  townships  will  extend 
one  sort  of  relief,  counties  another.  At  any  rate  the  three 
methods  are  well  defined.  The  first  two  present  very 
simple  governmental  problems  and  may  be  discussed 
very  briefly. 

I.  Outdoor  Relief. — Outdoor  relief  Is  extended  through 
individual  officers  of  the  government.  In  the  case  of  the 
county  this  officer  may  be  the  county  poor-master,  the 
overseer  of  the  poor,  the  Individual  members  of  tlie  county 
board,  or  some  special  agent  employed  by  the  board.  It 
formerly  was  the  custom  to  elect  a  county  poor  officer 
called  the  poor-master  or  overseer  of  the  poor.     He  was 


246  COUNTY  AND  TOWNSHIP  GOVERNMENT 

independent  like  all  the  other  county  officers,  had  charge 
of  the  county  almshouse  if  there  was  one,  and  had  charge 
of  outdoor  relief. 

He  was  expected  to  investigate  all  cases  of  destitution 
upon  his  own  responsibility,  and  to  look  into  all  cases 
that  were  brought  to  his  attention.  If  in  his  opinion  the 
destitute  person  or  family  could  be  reHeved  in  their  own 
home  he  laid  the  case  before  the  county  board,  and  if 
the  board  was  willing  to  make  the  appropriation  he  pro- 
vided the  destitute  person  with  clothing,  food  and  fuel. 
Sometimes  aid  In  other  forms  can  be  extended  to  very 
good  purpose.  Very  frequently  poor-masters  render  the 
necessary  aid  on  their  own  responsibility,  expecting  the 
board  to  reimburse  them.  This  is  called  outdoor  relief 
for  it  does  not  require  that  the  persons  involved  be  cared 
for  In  an  institution. 

County  poor-masters  and  overseers  of  the  poor  as  in- 
dependent officers  have  largely  disappeared,  and  It  is  well 
they  have.  Outdoor  relief  Is  still  extended,  however, 
through  persons  employed  by  the  county  board,  or  through 
the  activity  of  members  of  the  board  themselves.  County 
supervisors  or  commissioners  assume  responsibility  for 
discovering  destitute  cases,  and  outdoor  relief  is  extended 
upon  their  authority  directly.  They  are  assisted  In  this 
matter  by  special  Investigators  and  private  charitable 
organizations. 

This  method  is  quite  generally  practiced  and  is  alto- 
gether appropriate  in  certain  kinds  of  cases.  It  obviates 
the  necessity  of  breaking  up  homes,  it  saves  the  victim 
from  the  stigma  imposed  through  institutional  care,  and  it 
frequently  affords  the  destitute  person  that  small  measure 
of  temporary  aid  which  Is  sufficient  to  give  him  a  new 
start  and  to  get  him  on  his  feet  again.  However,  the 
abuses  that  grow  out  of  the  system  are  manifold.     If  it 


LOCAL  CIL-\RITIES  AND  PUBLIC  HE.\LTH  247 

is  to  be  carried  on  intelligently  it  is  necessary  to  have  the 
services  of  some  person  of  experience  and  quick  apprecia- 
tion. The  practice  must  be  safeguarded  by  frequent  and 
thorough  investigations.  The  sort  of  aid  extended  must 
be  intelligently  adapted  to  the  needs  of  the  victim.  These 
requirements  are  seldom  met,  and  outdoor  relief  becomes 
a  source  of  great  extravagance  and  petty  graft,  to  say 
nothing  of  its  demoralizing  effect  upon  the  recipients 
when  it  is  extended  in  unworthy  cases.  Large  sums  may 
be  expended  in  this  way  even  though  no  investigation 
whatever  has  been  made  into  the  circumstances  of  the 
people  who  receive  the  charity. 

If  outdoor  relief  is  to  be  practiced  by  the  county,  and 
it  ought  to  be  if  done  intelligently,  it  should  unquestion- 
ably be  carried  on  through  some  trained  person  employed 
by  the  county  board  and  in  every  sense  of  the  word  re- 
sponsible to  it.  Except  in  those  counties  that  are  so 
sparsely  populated  as  to  have  very  few  cases  it  is  quite 
inadvisable  that  county  board  members  carry  on  this 
work  themselves.  It  is  done  too  clumsily  and  unintel- 
ligently,  and  results  in  great  extravagance.  In  some 
counties  each  of  thirty  or  forty  members  of  the  county 
board,  township  trustees,  justices  of  the  peace,  and  various 
other  persons  may  carry  on  outdoor  relief.  In  one  Penn- 
sylvania county  one  hundred  and  thirty-nine  such  officers 
were  counted.  Under  such  a  disorganized  system  able- 
bodied  loafers,  and  even  families  of  some  means,  may  be 
provided  with  food  and  fuel  indefinitely.  The  evils  of 
this  nature  that  may  arise  need  not  further  be  dis- 
cussed. 

2.  Farming  Out. — Farming  out  is  another  method  of 
extending  poor  relief.  It  involves  the  making  of  a  con- 
tract between  the  local  authorities  and  some  private 
citizen  who  undertakes  to  assume  charge  of,  and  care 


248  COUNTY  AND  TOWNSHIP  GOVERNMENT 

for  a  dependent,  on  specified  terms.  This  method  in  the 
past  has  been  quite  generally  practiced  in  the  case  of 
children,  the  aged  and  infirm,  and  to  a  lesser  extent  in  the 
case  of  feeble-minded  persons.  The  danger  of  this  prac- 
tice is  readily  appreciated.  The  person  who  contracts 
to  care  for  a  dependent  person  does  so  in  the  hope  of  mak- 
ing a  profit.  Thus  no  matter  what  the  understanding 
with  the  local  authorities  may  be,  the  destitute  person 
is  in  danger  of  being  victimized,  inadequately  clothed 
and  fed,  subjected  to  brutal  treatment,  and  obliged  to 
work  beyond  his  strength. 

Sometimes  the  practice  is  attended  with  good  results. 
Aged  or  infirm  people  who  are  not  afHicted  with  disease 
or  vicious  habits,  may  in  this  way  find  excellent  homes 
where  they  can  make  themselves  useful  to  the  advantage 
of  all  concerned.  In  the  case  of  children  it  is  not  likely 
to  result  well.  If  a  person  is  not  willing  to  adopt  a  child 
outright  it  is  hardly  safe  to  put  the  child  in  his  care  for 
compensation. 

On  the  whole  the  practice  of  farming  out  is  not  to  be 
approved.  The  many  evils  which  grow  out  of  it  vastly 
outweigh  the  few  advantages;  and  when  practiced  whole- 
sale for  mercenary  reasons  the  evils  are  greatly  multiplied. 

J.  Institutional  Care. — Institutional  care  has  generally 
displaced  the  other  methods  of  extending  poor  relief;  and 
for  the  most  part  institutions  are  maintained  by  the 
counties,  either  independently  or  in  cooperation  with 
other  areas  of  government.  It  has  always  been  necessary 
to  make  use  of  public  institutions  in  some  cases,  even 
though  it  be  the  jail  or  the  basement  of  the  townhall; 
but  county  poorhouses  have  gradually  superseded  all 
other  institutions,  and  now  in  turn  they  are  being  dis- 
placed very  slowly  by  state  institutions,  and  local  in- 
stitutions of   specialized    type   such  as   hospitals,    orphan 


LOCAL  CHARITIES  AND  PUBLIC  HEALTH  249 

asylums,  schools  for  the  blind,  and  for  the  care  of  other 
special  types  of  dependents. 

The  Poorhouse. — The  county  poorhouse  is  erected 
and  maintained  at  the  expense  of  the  county.  The  county 
may  be  reimbursed  by  the  contributions  of  townships, 
towns  and  cities,  which  it  is  intended  shall  cover  the  cost 
of  supporting  individuals  whom  they  have  sent  to  the 
county  poorhouse.  But  the  management  and  control 
of  the  poorhouse  is  vested  in  county  authorities.  In  theory 
at  least  the  county  board  has  general  supervision,  and 
always  makes  the  appropriations  for  maintenance.  When 
a  popularly  elected  poor-master  has  charge,  then  the 
county  board  is  in  a  difficult  position  in  the  matter  of 
exercising  any  real  supervision.  But  this  is  very  rarely 
the  case.  Poorhouses  to-day  are  quite  generally  managed 
by  stewards  or  superintendents  who  are  employed  by  the 
board  and  are  directly  responsible  to  it.  This  is  of  course 
the  best  way.  Boards  of  specially  elected  trustees  for 
the  management  of  such  institutions,  independent  of  the 
county  board,  are  not  entirely  unknown  but  ought  to 
be.  Until  the  state  takes  over  full  control  of  institutions 
for  extending  poor  relief  the  present  method  of  select- 
ing resident  superintendents  can  hardly  be  improved 
upon. 

Admission. — Any  person  found  destitute  within  the 
boundaries  of  the  county  and  not  a  legal  resident  of  some 
other  county  in  the  state  is  eligible  for  admission  to  the 
poorhouse.  Factors  of  age,  sex,  and  condition,  seldom 
play  any  part  in  the  matter  of  eligibility.  The  poorhouse 
is  the  last  refuge  for  all  kinds  of  dependents  who  cannot 
be  cared  for  elsewhere.  Persons  ordinarily  gain  admission 
to  the  poorhouse  either  through  orders  of  a  court  or  on  a 
commitment  order  signed  by  any  one  of  a  number  of 
local  officials.   Thus  members  of  the  county  board,  town- 


250  COUNTY  AND  TOWNSHIP  GOVERNMENT 

ship  trustees,  and  justices  of  the  peace  frequently  are 
authorized  to  sign  commitment  orders  for  the  admission 
of  persons  who  require  care. 

Commitments  and  Fees. — This  is  not  altogether  a  satis- 
factory practice.  An  official  who  signs  a  commitment 
order  is  entitled  to  a  small  fee  for  his  trouble,  and  even 
these  small  sums  stimulate  officials  to  commit  persons 
who  are  not  deserving  of  relief,  and  to  neglect  to  make 
the  investigations  that  ought  to  be  made  before  com- 
mitments are  signed.  Persons  who  are  needlessly  com- 
mitted often  leave  the  institution  shortly  after  having 
been  sent  there,  and  presently  they  appear  again  seeking 
admission  once  more.  This  means  another  fee  for  the 
county  supervisor  or  township  trustee  and  he  readily  signs 
another  commitment  order.  This  petty  graft  can  be 
carried  on  indefinitely  although  the  whole  procedure  is 
perfectly  legal.  One  obvious  way  to  lessen  this  abuse  is 
to  abolish  the  fee  system  and  to  have  fewer  officers  com- 
petent to  sign  commitment  orders. 

Opportunities  for  abuse  are  multiplied  due  to  the  fact 
that  public  authorities  do  not  have  the  power  to  detain 
persons  committed  to  the  poorhouse.  The  superintendent 
must  admit,  and  care  for  as  well  as  he  can,  any  person 
who  appears  at  his  institution  with  a  commitment  order. 
And  when  a  person  desires  to  leave,  the  superintendent 
has  no  alternative  but  to  open  the  door,  for  a  commitment 
order  names  no  time  limit.  It  therefore  happens  that 
irresponsible  derelicts  come  and  go  very  frequently.  They 
stay  long  enough  to  get  rested  and  well  fed,  then  go  upon 
their  wanderings  again  and  after  a  time  appear  once  more 
in  need  of  rest,  food,  and  possibly  medical  care.  They 
always  appear  in  considerable  numbers  as  cold  weather 
approaches,  and  leave  again  in  the  spring.  The  super- 
intendent can  do  nothing  to  prevent  this,  and  it  would 


LOCAL   CHARITIES  AND   PUBLIC  HEALTH  251 

be  a  difficult  problem  to  deal  \vith  even  if  he  did  have 
authority. 

Superintendent's  Authority. — The  superintendent  is  fur- 
ther embarrassed  in  that  he  cannot  exercise  disciplinary- 
authority  over  his  charges.  They  are  of  all  kinds  and 
conditions,  often  very  disagreeable,  troublesome,  stupid, 
and  lazy.  They  are  inclined  to  be  unamenable  to  rules, 
and  the  superintendent  must  be  a  man  of  strong  char- 
acter, tact,  firmness,  and  infinite  patience.  He  cannot 
exercise  the  coercive  measures  that  are  the  resource  of  a 
jailer  or  the  superintendent  of  an  insane  asylum,  and 
hence  he  must  fall  back  upon  other,  less  effective  resources. 
These  are  quite  apt  to  fail  him  utterly  and  the  poorhouse 
is  then  in  serious  danger  of  degenerating  into  an  ill-managed, 
dirty,  disorderly  loafing  place. 

The  superintendent  may  usually  expel  a  person  who 
persistently  makes  himself  obnoxious,  will  not  obey  the 
rules,  or  who  is  apparently  no  longer  deserving  of  sup- 
port. But  a  superintendent  is  rarely  inclined  to  expel 
any  of  the  inmates.  Especially  if  his  compensation  is 
measured  by  the  number  of  inmates  in  his  institution,  he 
is  anxious  to  keep  all  of  them  that  he  can.  And,  further- 
more, an  expulsion  is  quite  apt  to  incur  the  displeasure 
of  that  official  who  signed  the  commitment  order,  and 
superintendents  fear  to  make  political  enemies.  They 
have  but  little  to  gain  through  being  severe  taskmasters 
and  may  lose  their  positions.  There  is  every  temptation, 
therefore,  for  a  superintendent  to  follow  the  line  of  least 
resistance  and  to  promote  as  little  trouble  with  the  inmates 
as  is  possible. 

Fortunately  conditions  in  the  poorhouscs  of  the  country 
bid  fair  to  be  rapidly  improved  in  tlie  next  few  decades. 
Much  progress  has  been  made  in  recent  years,  and  there  is 
no  sign  that  it  has  stopped.    In  the  past,  conditions  have 


252  COUNTY  AND  TOWNSHIP  GOVERNMENT 

been  exceedingly  bad,  partly  because  county  authorities 
have  been  unwilling  to  make  the  necessary  expenditures, 
partly  because  it  has  been  impossible  to  segregate  different 
types  of  dependents,  and  partly  because  resident  superin- 
tendents and  board  members  have  been  indifferent,  in- 
competent, and  in  general  thoroughly  unfitted  to  deal 
with  the  problems  of  institutional  care  in  a  scientific  way. 

The  result  has  been  that  men,  women,  and  children,  in 
all  stages  of  mental  and  physical  deterioration  have  been 
herded  together  in  dilapidated,  inadequate,  unhealthful, 
and  unsanitary  buildings,  in  violation  of  the  simplest 
dictates  of  common  sense  and  decency.  Conditions  have 
been  worse  than  in  the  county  jails,  for  prison  bars  can  at 
least  keep  some  of  the  inmates  from  personal  contact.  But 
in  the  poorhouses  the  feeble-minded  mingle  with  children, 
the  diseased  go  uncared  for  and  communicate  their  ills 
to  other  inmates,  the  vicious  characters  may  corrupt 
the  morals  of  fellow  lodgers,  and  conditions  reach  a  point 
that  is  intolerable.  Superintendents  have  sometimes 
been  unable  to  remedy  conditions  because  of  lack  of  funds, 
sometimes  they  have  been  tempted  to  let  things  go  un- 
noticed from  ulterior  motives,  seeking  to  profit  by  serving 
bad  food  and  misappropriating  funds  which  they  were 
expected  to  devote  to  the  improvement  of  conditions; 
and  sometimes  they  have  simply  not  known  how  to  meet 
their  problems. 

But  there  is  no  reason  why  the  county  poorhouse  cannot 
be  a  thoroughly  admirable  institution,  and  it  requires  no 
radical  reform  in  county  government  to  accomplish  it. 
This  is  evidenced  by  the  ever-growing  number  of  splendid 
poorhouses  scattered  about  here  and  there,  with  buildings 
well  kept,  adequate  and  sanitary,  grounds  and  outbuildings 
in  creditable  condition,  fences  in  good  repair — all  be- 
speaking an  atmosphere  of  respectability^  and  good  order. 


LOCAL   CHARITIES  AND   PUBLIC  HEALTH  253 

A  competent  superintendent,  well  paid,  and  supplied  with 
funds  that  are  necessary,  can  bring  these  things  about  in  a 
remarkably  short  time.  Many  of  the  inmates,  tactfully 
managed  and  supervised,  can  do  a  great  deal  toward  keep- 
ing the  institution  in  good  condition. 

The  Poorfarm. — The  poorfarm  idea  has  led  to  much 
improvement  and  in  many  counties  has  supplanted  the  poor- 
house — a  great  bleak  building  without  extensive  grounds. 
County  boards  have  acquired  farms,  erected  proper  build- 
ings thereon,  and  have  employed  superintendents  who 
undertake  to  run  the  farm  with  the  aid  of  some  of  the  in- 
mates and  some  hired  help.  This  has  led  in  many  cases 
to  excellent  results.  The  farm  produces  much  of  the 
food  that  is  used  and  enough  more  of  agricultural  prod- 
ucts to  go  far  toward  maintaining  the  institution.  The 
farm  also  has  great  advantages  over  the  urban  locations 
for  the  care  of  county  charges. 

We  are  warned,  however,  by  those  who  have  practised  it 
that  the  farm  idea  may  be  somewhat  overdone.  It  has 
been  said  that,  "The  poorfarm,  however,  was  destined 
to  assume  an  important  place  in  its  demands  upon  the 
time  of  the  steward  of  the  poorhouse.  He  has  really  be- 
come primarily  the  steward  of  the  poorfarm  and  second- 
arily of  the  poorhouse.  Most  of  the  latter  functions  have 
been  turned  over  to  his  wife  as  matron.  He  has  become 
the  farmer,  rejoicing  more  in  making  the  farm  pay  than  in 
making  the  poorhouse  a  home  for  the  aged  and  infirm; 
taking  more  pride  in  his  fine  cattle,  hogs  or  chickens,  and 
in  the  spacious  bams,  than  in  the  comfort,  usefulness,  and 
happiness  of  the  inmates  of  the  poorhouse,  or  in  the  build- 
ings in  which  they  are  housed.  We  must  not  forget,  how- 
ever, that  these  men  only  reflect  the  attitude  of  their 
employers,  the  members  of  the  boards  of  supervisors,  and 
that  the  latter  simply  carry  out  the  policy  which  they 


254  COUNTY  AND  TOWNSHIP  GOVERNMENT 

know  the  taxpayers  consciously  or  unconsciously  hold."  * 
The  last  words  of  this  statement  hint  at  a  factor  which 
too  often  lies  at  the  basis  of  evil  conditions  in  the  poorhouse. 
The  poorhouse  is  not  conspicuously  in  the  pubhc  view, 
and  being  out  of  sight  is  out  of  mind;  and  taxpayers  are 
more  or  less  reluctant  to  spend  much  money  on  such  an 
unprofitable  institution. 

Specialized  Institutions. — But  the  most  promising  sign 
of  improvement  in  methods  of  poor  relief  lies  in  the  tend- 
ency to  create  specialized  institutions  in  the  counties 
themselves,  and  particularly  the  tendency  on  the  part  of 
state  governments  to  create  specialized  state  institutions 
which  immediately  relieve  the  county  poorhouses.  It 
has  been  pointed  out  that  one  great  source  of  trouble  has 
been  the  apparent  necessity  of  housing  all  types  of  de- 
pendents in  one  institution.  If  certain  types  could  be 
removed  to  other  institutions  where  they  could  receive  the 
specialized  care  which  their  condition  demands,  the  poor- 
houses  would  profit  greatly.  Very  few  counties  indeed 
could  afford  to  maintain  several  different  kinds  of  institu- 
tions, there  not  being  enough  dependents  of  one  particular 
type  to  warrant  this.  However,  a  specialized  state  in- 
stitution designed  to  accommodate  all  the  dependents 
of  a  particular  type  in  the  whole  state  would  serve  the 
purpose. 

State  Insane  Asylums. — The  first  step  in  the  direction 
of  establishing  specialized  state  institutions  was  taken 
some  years  ago  when  state  insane  asylums  were  created. 
They  are  now  found  universally.  These  state  insane 
asylums  take  care  of  patients  who  are  not  dependents  as 
well  as  those  who  are,  but  for  the  present  purpose  it  is  to 
be  noted  that  when  a  state  insane  asylum  exists  there 
no  longer  is  any  excuse  for  keeping  insane  dependents  in 

*  Gil] in,  Poor  Relief  Legislation  in  Iowa,  p.  143. 


LOCAL  CIL^RITIES  AND   PUBLIC  HEALTH  255 

the  county  poorhouse.  With  them  gone,  one  source  of 
difficulty  is  removed. 

Violently  insane  persons  are  always  sent  to  the  insane 
asylum.  On  the  other  hand,  there  are  still  to  be  found  a 
great  many  harmless  insane  people  in  the  poorhouses.  It 
must  be  realized  that  a  person  is  not  insane  in  the  eyes  of 
the  law  until  declared  so  by  a  court  of  competent  juris- 
diction. This  means  that  many  mildly  insane  persons 
fmd  their  way  to  the  poorhouses  as  ordinary  paupers, 
living  out  their  lives  there,  with  but  little  attention  being 
paid  to  them.  No  one  makes  complaint,  and  the  county 
board  lets  well  enough  alone,  for  if  the  insane  person  is 
removed  to  the  state  asylum  his  maintenance  there  must 
be  paid  for  by  the  county.  It  is  much  cheaper  to  maintain 
such  people  quietly  in  the  poorhouse.  But  at  least  the 
state  insane  asylums  do  afford  an  opportunity  to  eliminate 
one  type  of  dependent  from  the  county  institutions. 

Epileptics;  Feehle- Minded. — Epileptics  and  the  feeble- 
minded are  in  the  same  position  as  the  insane,  but  there 
are  fewer  state  institutions  for  their  care.  In  the  mean- 
time they  wander  about  the  county  poorhouses,  objects 
of  commiseration  to  everyone  who  sees  them. 

The  Physically  Defective. — Another  type  of  dependent 
needing  specialized  care  which  only  the  state  can  afford 
is  the  physically  defective.  Those  who  are  deaf,  dumb  or 
blind,  may  often  be  restored  to  a  condition  of  usefulness 
if  given  proper  care.  Such  care  cannot  be  given  in  the 
county  poorhouses;  but  dependents  thus  alBicted  ac- 
cumulate in  those  institutions  as  ordinary  paupers  and 
there  they  stay.  But  as  soon  as  a  state  government  es- 
tablishes a  school  in  which  to  train  them  there  is  no  excuse 
for  their  remaining  in  the  poorhouses.  Some  states  have 
made  great  progress  in  tliis  direction,  others  very  little.  And 
again  the  same  difficulty  arises  as  with  insane  people.    That 


2S6  COUNTY  AND  TOWNSHIP  GOVERNMENT 

is,  county  boards  are  reluctant  to  go  to  the  expense  of 
sending  their  afflicted  dependents  to  these  relatively  expen- 
sive institutions.  It  is  much  cheaper  to  maintain  them  in 
the  poorhouse. 

Orphans. — A  similar  situation  exists  with  regard  to 
children.  It  is  very  unwise  to  keep  children  in  a  poor- 
house.  They  are  subjected  to  demoralizing  influences, 
and  the  general  atmosphere  of  the  place  is  not  at  all  con- 
ducive to  their  betterment.  Privately  endowed  orphan 
asylums  afford  opportunities  to  get  the  children  out  of 
poorhouses,  and  for  the  most  part  they  find  their  way  to 
these  institutions  or  into  the  homes  of  people  who  adopt 
them.  But  there  are  still  too  many  of  them  cared  for  in 
the  poorhouses,  and  but  very  few  state  governments  main- 
tain institutions  to  which  they  can  be  sent  unless  they 
are  defective.  Dependent  children  can  be  maintained  at 
very  little  cost  in  a  poorhouse,  and  it  is  not  likely  that  county 
orphanages  will  become  very  numerous. 

The  Diseased. — Another  type  of  poorhouse  inmate  is  the 
one  badly  in  need  of  medical  attention.  In  the  poorhouse 
such  victims  are  not  likely  to  get  the  attention  they  need. 
If  there  be  a  county  physician  he  makes  occasional  visits 
and  renders  some  aid,  but  all  too  frequently  people  who 
are  afflicted  with  loathsome  or  contagious  diseases,  afflic- 
tions that  slowly  grow  worse  and  worse,  persons  suffering 
with  tuberculosis  or  other  illnesses  less  serious  perhaps, 
are  to  be  found  in  nearly  every  poorhouse.  They  remain 
there  until  their  condition  becomes  so  bad  that  they  virtu- 
ally die  of  neglect  or  are  sent  to  pubHc  hospitals  and  sup- 
ported there  at  the  expense  of  the  county.  If  there  were 
county  hospitals  to  which  they  could  be  sent,  not  only 
would  the  poorhouses  be  relieved  of  their  presence  but  the 
victims  themselves  would  be  vastly  benefited.  A  few 
counties    have    estabhshed    hospitals,    and    some    states 


LOCAL  CHARITIES  AND  PUBLIC  HEALTH  257 

maintain  tuberculosis  sanitariums.  But  up  to  the  present 
time  little  progress  has  been  made  in  this  direction. 

An  Ideal  Poorhouse. — It  is  obvious  that  if  specialized 
institutions  are  maintained  either  by  the  county  itself  or 
the  state  government,  the  condition  of  poorhouses  could 
very  quickly  be  improved,  if  county  boards  were  wiUing 
to  take  advantage  of  the  opportunities.  The  poorhouse 
could  thus  become  merely  a  refuge  for  the  aged  and  infirm — 
an  old  people's  home  in  fact,  and  the  problems  of  manage- 
ment would  be  greatly  simplified. 

There  is  very  little  state  supervision  of  county  poor 
relief,  and  reform  is  not  likely  to  take  this  direction.  The 
erection  of  state  institutions,  not  only  for  the  insane  but 
for  the  feeble-minded  and  epileptic,  and  the  defective,  is 
much  more  likely  to  be  the  means  of  solving  present  prob- 
lems. 

THE  COUNTY  PHYSICIAN  AND  COUNTY  HOSPITALS 

The  County  Physician. — In  a  good  many  counties 
there  is  to  be  found  a  county  physician.  Fortunately  he 
is  not  a  popularly  elected  officer  but  is  appointed  by  the 
county  board.  His  chief  duty  has  been  to  give  medical 
attention  to  destitute  people  of  the  county  when  they 
require  it.  This  does  not  occupy  all  of  his  time  by  any 
means  and  he  is  merely  subject  to  call,  being  paid  accord- 
ingly. He  treats  some  people  in  their  homes,  orders  them 
removed  to  public  hospitals  at  county  expense  if  necessary, 
and  gives  them  attention  there.  He  makes  his  rounds 
of  the  jail  and  poorhouse  and  renders  to  the  inmates  such 
medical  aid  as  they  need. 

Relation  to  Coroner. — Often  his  services  are  required  by 
the  coroner  who  desires  him  to  make  analyses  and  examina- 
tions in  the  hope  of  uncovering  <jr  clearing  up  mysterious 
poison  cases;  and  the  coroner's  jury  has  the  benefit  of  his 


258  COUNTY  AND  TOWNSHIP  GOVERNMENT 

expert  testimony.  In  populous  counties  the  coroner  may- 
have  a  physician  as  a  permanent  member  of  his  staff;  or 
the  physician  may  be  connected  with  the  public  prose- 
cutor's office. 

But  in  any  event,  it  is  necessary  that  the  county  board 
should  have,  subject  to  its  control,  a  physician  who  can 
undertake  the  medical  care  of  dependents  who  are  ill. 

County  Hospitals.— With  the  development  of  county 
hospitals,  the  position  of  the  county  physician  takes  on 
new  dignity  and  importance.  He  is  still  charged  with 
giving  aid  to  all  county  dependents,  but  may  become  the 
superintendent  of  the  hospital  on  a  regular  salary. 

County  hospitals  are  of  very  recent  origin.  The  Idea 
was  first  originated  In  such  a  way  as  to  find  expression 
In  the  law,  by  Doctor  E.  E.  Munger  of  Spencer,  Iowa.* 
It  was  first  necessary  for  him  to  get  such  legislation  passed 
by  the  state  assembly  as  would  permit  counties  in  his 
state  to  erect  and  maintain  hospitals.  It  was  accomplished 
in  1909.  It  would  be  necessary  to  take  this  preliminary 
step  In  any  state.  Inasmuch  as  counties  enjoy  only  enu- 
merated and  delegated  powers.  After  the  legislation 
was  passed  it  was  only  necessary  to  hold  a  referendum 
in  any  county  in  order  to  determine  whether  or  not  a 
hospital  should  be  erected.  Similar  bills  were  passed  In 
other  states  and  now  there  are  a  number  of  states  wherein 
counties  are  permitted  to  build  and  maintain  hospitals. 
Need  for  Coimty  Hospitals. —It  must  be  said  that  the 
purpose  of  erecting  such  hospitals  Is  not  by  any  means 
solely  to  accommodate  public  charity  patients  and  to 
relieve  congestion  In  the  poorhouses.  The  principal  idea 
is,  on  the  other  hand,  to  afford  the  rural  population  hospital 
facilities  such  as  townspeople  possess.     There  are  many 

""  Documents  on  County  Government,   "O"  pp.   1-8— "A  New  Kind  of 
Coimty  Hospital." 


LOCAL  CHARITIES  AND   PUBLIC  HEALTH  259 

counties  in  which  no  city  is  to  be  found,  at  least  no  city 
populous  enough  or  wealthy  enough  to  maintain  a  hospital. 
This  means  that  people  in  these  large  areas  must  travel 
many  miles  to  the  nearest  city  in  order  to  find  hospital 
facilities.  Many  such  rural  counties  are  quite  able  to 
maintain  hospitals  even  though  there  be  no  one  city  or 
town  within  the  county  limits  that  could  afiford  to  do  so. 
The  possibilities  of  the  county  hospital  are  gradually 
dawning  upon  the  people  of  the  rural  districts  and  it  may 
be  expected  that  such  institutions  will  become  more 
numerous.  The  Cook  County  Hospital  in  Chicago  is  one 
of  the  finest  of  its  kind  in  the  country,  though  this  institu- 
tion is  not  primarily  intended  to  accommodate  a  rural 
population. 

PUBLIC  HEALTH  AND   SANITATION 

Public  Health  and  Counties.— In  recent  years  a  great 
deal  has  been  done  in  the  interests  of  public  health  and 
sanitation.  But  not  much  activity  has  been  carried  on 
through  county  government.  Cities  have  had  their  boards 
of  health  and  health  officers  for  a  great  many  years,  but 
not  so  the  counties.  And  later  the  state  governments 
created  state  boards  of  health  and  health  offices  which 
have  done  a  great  deal;  but  the  counties  for  the  most  part 
have  not  had  a  prominent  place  in  the  governmental 
machinery  for  maintaining  public  health.  The  reason  for 
this  is  obvious.  The  problems  arising  in  this  connection 
usually  reach  an  acute  stage  only  in  the  urban  centers. 
Governmental  machinery  has  therefore  been  established 
only  in  the  urban  centers  to  deal  with  the  situations  that 
develop  there. 

Need  for  Rural  Health  Agencies. — However,  even 
though  the  pr(;blcms  of  public  health  do  not  reach  the  acute 
stages  in  the  rural  areas  such  as  they  do  in  cities,  it  is  a 


26o  COUNTY  AND  TOWNSHIP  GOVERNMENT 

very  great  mistake  to  assume  that  public  health  in  the 
rural  districts  is  all  that  can  be  desired.  Relative  to  the 
density  of  the  population,  disease  is  as  prevalent  there 
as  in  the  cities.  Sanitary  precautions  and  preventive 
measures  are  not  practiced  there  to  anywhere  near  the 
same  extent  that  they  are  in  the  cities,  and  there  Is  just 
as  much  to  be  done  there  through  governmental  agencies, 
relatively  speaking,  as  there  is  In  the  cities. 

Food  inspection  Is  every  bit  as  necessary  in  the  rural 
districts  as  it  is  in  the  cities,  for  there  is  the  very  source 
of  food  supply.  Sources  of  water  supply  should  be  under 
the  eyes  of  health  officers,  and  it  Is  particularly  necessary 
that  milk  be  handled  under  strict  supervision.  Preventive 
measures  designed  to  reduce  the  inroads  of  tuberculosis 
and  other  diseases  are  just  as  necessary  In  the  rural  areas 
as  elsewhere.  And  a  visit  to  a  country  school  would 
ordinarily  convince  anyone  that  if  medical  examination 
of  school  children  Is  necessary  In  the  cities,  in  order  to 
detect  cases  of  under-nourlshment,  bad  teeth,  poor  eye- 
sight, and  other  afflictions,  it  certainly  is  needed  no  less 
In  the  rural  areas.  Unhealthful  swamp  lands  go  undrained 
for  years.  More  or  less  polluted  wells  are  regularly  used, 
producing  each  year  an  array  of  typhoid  cases  that  are 
quite  unnecessary.  Milk  and  butter  are  prepared  for 
the  market  under  most  unsanitary  conditions.  Diseased 
animals  are  allowed  to  live  with  no  intelligent  effort  being 
made  to  cure  them.  Under-nourished  children  grow  to 
maturity,  permanently  handicapped  by  afflictions  of  the 
eyes,  teeth,  and  respiratory  organs. 

There  is  no  intention  here  to  create  a  false  Impression 
of  rural  life  In  the  United  States,  which  Is  on  the  whole 
as  healthful  and  altogether  as  wholesome  as  anywhere 
In  the  world,  no  doubt.  But  the  fact  should  be  emphasized 
that,  per  unit  of  population,  there  is  just  as  much  to  be 


LOCAL  CHARITIES  AND  PUBLIC  HEALTH  261 

done  through  governmental  agencies  in  the  rural  districts 
as  in  the  cities.  Country  people  are  just  as  much  entitled 
to  the  benefits  to  be  derived  through  such  agencies  as 
anybody  else,  and  the  county  is  the  unit  through  which 
health  authorities  could  function  most  conveniently. 

State  authorities  are  doing  something  in  the  various 
states.  In  many  of  them  a  very  thorough  milk  and  butter 
inspection  is  carried  on.  Serious  epidemics  that  afflict 
not  only  human  beings  but  farm  stock  as  well,  are  handled 
by  state  health  authorities.  But  there  is  need  of  some 
local  authority  to  deal  with  the  somewhat  less  serious 
matters.  County  boards  are  ordinarily  competent  to 
pass  ordinances  requiring  the  suppression  of  unhealthful 
nuisances,  and  the  pollution  of  streams;  and  county  or 
township  officials  are  very  generally  engaged  in  drainage 
projects.  But  other  activities,  hinted  at  above,  can  only 
be  carried  on  by  men  of  special  training  or  aptitude  for 
the  work.  A  county  board  of  health,  composed  of  three 
physicians,  or  of  two  physicians  and  a  layman,  assisted 
by  a  health  officer  who  could  do  the  actual  work  of  in- 
spection, might  be  the  solution  of  the  problem.  Such  a 
board  certainly  ought  not  to  be  elective,  but  rather  ap- 
pointive by  the  county  board. 

Few  counties  have  such  boards  of  health,  although 
county  health  officers  working  independently  of  a  board 
are  to  be  found  in  about  one-third  of  the  states.  If  a 
state  department  of  public  health  were  developed  suffi- 
ciently to  exercise  close  supervision  over  county  health 
officers  it  would  be  unnecessary  to  maintain  county  boards 
of  health.  This  will  probably  be  the  ultimate  outcome, 
for  county  authorities  are  not  inclined  to  increase  county 
expenditures  in  this  direction  but  rather  prefer  to  wait, 
expecting  the  state  to  act  sooner  or  later. 


CHAPTER  XIII 
SCHOOLS  AND  COUNTY  SCHOOL  OFFICIALS 

Public  Opinion  and  Education. — Education  is  by  no 
means  necessarily  a  function  of  government.  At  least 
it  is  not  so  in  the  same  sense  that  certain  other  govern- 
mental activities  are.  Peace  must  be  maintained,  at 
least  some  relief  must  be  given  to  the  poor,  and  there 
must  be  some  machinery  of  justice;  but  a  school  system 
is  not  essential.  This  fact  is  the  more  significant,  and  re- 
flects the  greater  credit  upon  the  early  settlers,  for  schools 
were  established  and  have  been  maintained  at  public 
expense  from  earliest  colonial  times.  They  were  estab- 
lished simply  because  public  opinion  demanded  it,  and 
have  been  maintained  ever  since  for  the  same  reason. 
Ways  and  means  of  extending  education  have  changed 
and  developed  throughout  the  years,  and  progress  has 
been  very  rapid  in  the  last  few  decades.  For  while  in 
some  parts  of  the  country  very  little  or  nothing  has  been 
done,  in  others  a  great  deal  has  been  accomplished.  Nearly 
everywhere  in  the  meantime,  private  initiative,  working 
particularly  through  church  organizations,  has  accom- 
plished something.  But  the  impulse  given  to  public 
education  in  the  early  Nev/  England  towns  determined 
the  sort  of  governmental  machinery  through  which  schools 
were  to  be  managed  for  the  next  three  hundred  years. 

Schools  in  New  England  Towns. — Originally  the  school 
organization  was  part  and  parcel  of  the  town  govern- 
ment. This  simply  means  that  the  same  officers  who 
had  charge  of  the  town  government  managed  the  schools. 

262 


SCHOOLS  AND   COUNTY  SCHOOL  OFFICIALS  263 

In  town  meeting  it  would  be  determined  that  a  school 
should  be  erected  and  a  schoolmaster  employed.  The 
selectmen  would  then  proceed  to  erect  the  school  build- 
ing, to  hire  a  schoolmaster  and  to  give  him  his  instruc- 
tions in  the  minutest  detail.  Not  only  would  the  select- 
men determine  the  length  of  the  school  year,  which  was 
likely  to  be  no  less  than  fifty-two  weeks,  and  prescribe  a 
course  of  study;  but  they  outlined  minutely  the  regime 
which  the  schoolmaster  should  follow.  Certain  days 
were  set  aside  for  religious  instruction,  certain  hours  were 
set  for  the  administration  of  correction  to  scholars,  visitors' 
hours  were  fixed;  and  the  schoolmaster  was  required  from 
time  to  time  to  make  reports  to  the  selectmen. 

Thus  was  the  school  brought  directly  into  the  demo- 
cratic machinery  of  the  New  England  town.  Town  officers 
had  charge  of  the  school  in  exactly  the  same  way  that 
they  had  charge  of  almshouses  and  poor  relief,  jails,  road 
building,  and  bridges.  And  taxes  were  levied  and  ap- 
propriations were  made  for  the  support  of  schools  just  as 
for  other  purposes. 

However,  this  precise  situation  did  not  obtain  in  general 
outside  of  New  England,  for  the  very  obvious  reason 
that  towns  of  the  New  England  type  did  not  appear  out- 
side New  England.  Yet  even  so  It  can  hardly  be  doubted 
that  New  England  practice  in  the  matter  of  school  manage- 
ment did,  to  a  very  large  measure,  determine  the  char- 
acter of  school  organization  that  emerged  elsewhere. 
It  had  been  satisfactorily  demonstrated  in  New  England 
that  management  of  a  school  was  very  properly  the  direct, 
personal  concern  of  those  people  who  sent  their  children 
to  the  school  and  contributed  to  its  support.  The  school 
had  proved  to  be  a  point  of  contact  between  all  the  people 
in  a  community  who  sent  their  children  to  it.  In  the 
New  England  town  of  course,  there  were  a  great  many 


264  COUNTY  AND  TOWNSHIP  GOVERNMENT 

other  points  of  contact,  and  factors  that  made  for  a  sense 
of  unity  and  soHdarity;  but  the  school  also  was  one  of 
the  factors  entering  into  the  composition  of  forces  which 
held   the  townsmen  together. 

Schools  Outside  New  England. — Outside  New  England, 
on  the  other  hand,  the  town  as  a  unit  of  government 
failed  to  appear,  as  has  been  shown.  The  loosely  organ- 
ized township  took  its  place,  and  further  south  and  west 
even  the  township  decayed  and  disappeared,  giving  place 
to  vigorous  county  government.  But  even  where  this 
happened  the  school  retained  Its  essential  character,  it 
still  remained  a  vital  point  of  contact  between  the  people 
of  a  comparatively  small  group  and  did  not  necessarily 
have  to  be  bound  up  closely  with  the  machinery  of  govern- 
ment. No  matter  how  large  the  basic  area  of  govern- 
ment might  be,  be  it  a  town,  township,  or  county,  the 
school  community  in  the  very  nature  of  things  could 
not  grow,  for  there  were  very  distinct  limits  to  the  area 
which  one  school  could  serve. 

Thus  it  may  be  said  the  institutions  of  local  government 
grew  away  from  the  school  community.  Poor  relief  could 
be  administered  over  a  much  larger  area  as  a  unit,  the 
maintenance  of  peace,  the  collection  of  taxes  and  all  the 
other  functions  of  local  government,  could  be  carried  on 
over  larger  areas  as  units;  but  the  school  community  re- 
mained essentially  as  it  was,  a  unit  that  could  not  grow. 
The  school  remained  a  central  point  of  social  and,  to  a 
certain  extent,  political  unity.  And  it  is  so  to-day.  Even 
in  the  heart  of  great  cities  a  single  school  is  frequently  the 
center  of  a  very  distinct  social  group,  and  social  workers 
are  striving  constantly  to  make  all  schools  real  effective 
social  centers.  In  rural  areas  the  school  continued  to  be 
the  center  of  a  political  group  as  well  as  a  social  group. 

The    School   District. — The  people  of  a  given  school 


SCHOOLS  AND  COUNTY  SCHOOL  OFFICIALS  265 

community  in  early  days  were  intensely  interested  in  the 
management  of  their  school;  and  it  is  one  of  the  most 
striking  manifestations  of  the  spirit  of  democracy  that  as 
other  activities  of  local  government  outgrew  the  school 
community,  the  people  of  the  school  community  organized, 
set  up  machinery  of  government,  and  undertook  to  manage 
their  own  schools  directly,  through  governmental  macliinery 
of  their  own.  Thus  appeared  the  famUiar  school  district 
found  in  nearly  every  state  of  the  union  in  one  form  or 
another — an  area  through  which  local  self-government  is 
practiced  in  its  purest  form. 

Organization. — The  typical  school  district  has  been  or- 
dinarily nothing  more  nor  less  than  an  area  accommodated 
by  a  single  schoolhouse.  The  governmental  machinery 
for  handling  the  business  of  the  school  district  has  been 
quite  independent  of  other  governmental  machinery. 
Thus  in  some  states  the  people  of  a  school  district  assemble 
at  stated  intervals  and  determine  the  important  matters 
that  arise,  leaving  the  actual  management  of  school  affairs 
to  school  officials  who  are  elected  by  the  people  of  the 
district.  These  meetings  are  primary  assemblies  in  the 
same  sense  that  town  meetings  and  party  caucuses  are 
primary  assemblies.  They  are  a  relic  of  pure  democracy. 
The  meetings  determine  major  pohcies,  make  appropria- 
tions and  hx  a  tax  rate.  But  the  general  meeting  has  been 
for  the  most  part  discontinued,  and  even  in  those  states 
where  it  still  is  held  the  attendance  is  likely  to  be  very 
small.  The  result  is  that  actual  management  of  school 
district  business  invariably  falls  to  a  board  of  some  kind. 
This  board  may  be  controlled  in  the  determination  of 
major  policies  by  the  referendum.  Thus  a  favorable 
popular  vote  is  often  necessary  before  a  new  schoolhouse 
can  be  erected.  The  referendum  process  becomes  in  this 
way  a  substitute  for  the  primary  assembly. 


266  COUNTY  AND  TOWNSHIP  GOVERNMENT 

Trustees. — Ordinarily  a  small  school  board  of  trustees  is 
elected,  the  members  serving  a  short  term.  This  board  of 
trustees  perfects  its  simple  organization  by  choosing  from  its 
number  one  to  serve  as  clerk  and  another  to  serve  as  chair- 
man. The  trustees  thereupon  proceed  to  the  business  of 
their  district.  They  have  full  charge  of  the  schoolhouse. 
If  authorized  by  the  voters  of  the  district,  through  gen- 
eral meeting  or  referendum,  they  let  contracts  and  super- 
intend the  building  of  a  new  schoolhouse.  They  make  full 
provision  for  the  maintenance  of  the  building  and  grounds. 
They  employ  a  teacher  at  as  low  a  wage  as  possible,  and 
in  the  absence  of  legislation  imposing  limitations  upon 
them  the  trustees  map  out  the  school  regime  in  complete 
detail.  The  length  of  the  school  year  is  fixed,  the  hours  of 
the  school  day,  the  subjects  that  shall  be  taught,  and  the 
books  that  shall  be  used.  The  trustees  are  expected  to 
give  school  affairs  their  personal  and  constant  attention. 
And  most  important  of  all,  the  trustees  at  one  of  their 
regular  meetings  are  expected  to  determine  the  tax  rate 
which  it  will  be  necessary  to  impose  in  order  to  yield  the 
amount  of  money  needed  for  school  purposes. 

Limitations  of  State  Law.^ — As  years  have  passed  by  the 
people  of  school  districts  and  the  boards  of  trustees  have 
not  been  as  free  to  exercise  their  own  discretion  in  manag- 
ing school  affairs  as  the  above  account  might  intimate. 
Restrictions  have  come  through  state  legislation;  but  they 
have  come  very  slowly.  In  early  days  the  local  school 
authorities  had  almost  unlimited  power,  to-day  in  some 
states  their  functions  have  been  reduced  to  a  point  where 
they  do  but  little  more  than  administer  state  regulations. 
The  demand  for  reform  and  centralized  control  has  re- 
sulted in  a  breakdown  of  the  characteristic  school  district 
system  and  has  also  resulted  in  a  serious  curtailment  of 
the  power  of  local  authorities  over  school  affairs. 


SCHOOLS  AND   COUNTY  SCHOOL  OFFICIALS  267 

One  invariable  limitation  imposed  by  state  law  forbids 
local  school  authorities  to  fix  their  tax  rate  above  a  certain 
maximum.  For  the  most  part  school  trustees  have  been 
very  willing  to  remain  within  the  Umits  set. 

But  for  many  years  no  other  significant  limitations  were 
imposed.  Hence  the  school  year  varied  in  length  from 
place  to  place.  Salaries  paid  to  teachers  varied  widely. 
The  character  and  quahty  of  instruction  was  not  by  any 
means  uniform.  Some  districts  had  excellent  school  build- 
ings, others  got  along  with  disgracefully  inadequate  struc- 
tures. 

Tendency  Toward  Standardization. — But  public  opin- 
ion has  gradually  reached  a  point  where  it  will  not  tolerate  so 
many  and  such  wide  variations.  Workers  in  the  field  of 
education  are  striving  constantly  to  secure  ever  so  much 
more  unifonnity  than  has  been  accomplished  anywhere  as 
yet.  Progress  so  far  has  been  along  certain  pretty  well- 
defined  lines.  In  addition  to  limiting  the  tax  rate,  state 
laws  may  fix  the  length  of  the  school  year,  and  by  means 
of  a  compulsory  attendance  law  people  may  be  required 
to  send  their  children  to  school  during  this  period.  This 
immediately  establishes  a  certain  measure  of  uniformity. 
Then  may  come  a  law  determining  in  general  outlines  the 
course  of  study  and  the  type  of  books  that  must  be  used. 
Minimum  salaries  are  established  for  teachers;  and  candi- 
dates for  positions  are  required  to  possess  certain  qualifica- 
tions that  are  determined  by  examination  or  diploma  from 
a  normal  school.  Then  come  building  standards  fixing 
certain  requirements  with  regard  to  the  character  of  the 
school  building.  These  are  aimed  to  do  away  with  the 
buildings  that  are  overcrowded,  inadequately  lighted, 
improperly  heated,  ill-ventilated  and  unsanitaiy. 

It  will  be  observed  that  the  moment  any  or  all  of  these 
Limitations   or   requirements   are   fixed   in   state   law,   the 


268  COUNTY  AND  TOWNSHIP  GOVERNMENT 

local  authorities  find  their  measure  of  discretion  cut  down 
just  to  that  extent.  An  independent  school  board  is  then 
no  longer  able  to  cut  a  school  year  down  to  six  months,  to 
employ  an  untrained  girl  at  starvation  wages  as  a  teacher, 
or  to  send  the  children  to  a  dilapidated  schoolhouse — 
cold,  dark,  and  unsanitary — all  for  the  purpose  of  saving 
money.  Their  right  to  do  these  things  is,  to  be  sure,  bound 
up  with  the  right  to  local  self-government.  But  the  right 
to  local  self-government,  splendid  and  worthy  of  admira- 
tion as  it  is  in  theory,  has  been  abused  so  grossly  in  so 
many  connections  that  it  is  no  wonder  public  opinion  is 
reaching  a  point  that  will  permit  the  abandonment  of  local 
self-government  in  the  interests  of  better  education. 

Even  so,  the  desire  for  local  self-government  as  regards 
school  affairs  has  been  plenty  strong  enough  to  resist  ex- 
tensive reform,  and  complete  state  control.  Many  states 
have  accomphshed  virtually  nothing  of  importance,  and 
in  these  states  the  rural  districts  are  as  independent  as 
ever  they  were.  Nearly  every  state  that  has  made  any 
progress  at  all  has  done  so  with  hesitating  and  compromising 
steps. 

"  State  Aid." — Instead  of  making  the  desired  regula- 
tions compulsory,  and  instead  of  obliging  local  authorities 
to  live  up  to  them,  state  legislatures  have  set  up  certain 
standards  as  an  ideal  to  be  attained.  Then  in  order  to 
induce  the  local  authorities  to  meet  the  ideal  standards  a 
certain  sum  of  money  is  set  aside  which  is  distributed  in 
the  form  of  gifts  to  those  districts  which  attain  the 
standards.  This  practice  is  known  as  "state  aid,"  but  the 
various  methods  of  administering  it  need  not  be  discussed. 
Suffice  it  that  "state  aid"  has  done  a  very  great  deal  to 
improve  rural  school  conditions.  In  addition  to  the  desire 
to  receive  some  state  aid,  another  factor  enters  the  equa- 
tion.    Something  of  disgrace  attaches  to  those  districts 


SCHOOLS  AND  COUNTY  SCHOOL  OFFICL\LS  269 

which  have  not  reached  the  standards  which  entitle  them 
to  state  aid,  and  a  sense  of  pride  stimulates  them  to  im- 
prove such  conditions  .  Thus  "  state  aid"  has  done  much 
to  improve  conditions  without  doing  very  great  violence 
to  the  desire  for  local  self-government. 

But  even  though  such  a  practice  is  to  be  approved,  and 
even  though  it  is  much  better  than  doing  nothing  at  all,  it 
is  a  temporizing,  compromising,  halfway  poHcy.  Certain 
desirable  standards  as  regards  school  year,  curriculum, 
teachers'  salaries  and  training,  and  the  character  of  school 
buildings,  ought  to  be  firmly  established  in  law  beyond  the 
power  of  local  authorities  to  circumvent  them.  Some  steps 
in  this  direction  are  bemg  taken  every  year  and  great 
progress  may  be  expected. 

Along  with  the  tendency  to  impose  certain  requirements 
upon  local  school  authorities  is  to  be  observed  another 
tendency.  As  standards  are  fixed,  and  as  the  factor  of  dis- 
cretion is  cut  down,  local  interest  in  school  affairs  takes 
on  a  different  complexion.  People  are  confident  that  their 
schools  will  be  maintained  at  certain  standards  because 
the  law  requires  it,  and  they  immediately  cease  to  have  any 
desire  to  take  a  personal  part  in  managing  school  affairs. 
They  do  not  come  to  district  meetings,  they  will  not  even 
go  to  vote  for  school  officers;  and  this  attitude  of  indiffer- 
ence is  reflected  in  the  conduct  of  local  officials  themselves. 
In  a  word,  the  bonds  that  made  for  unity  in  the  school 
district  tend  to  be  completely  loosed,  and  it  thereupon 
becomes  a  mere  artificial  area  as  soon  as  any  considerable 
measure  of  slate  control  is  imposed. 

Centralizing  Control. — This  fact,  together  with  other 
considerations,  leads  to  a  still  more  rapid  centralization 
of  control  over  schools,  and  the  creation  of  administrative 
systems  embracing  a  number  of  school  districts.  The 
variations  from  state  to  state  in  this  connection  are  mani- 


270  COUNTY  AND  TOWNSHIP  GOVERNMENT 

fold.  In  some  states  all  the  district  schools  are  brought 
under  the  control  of  township  officers.  The  district  trustees 
are  then  not  to  be  found  and  a  township  board  assumes 
control  over  all  the  schools  within  the  township.  Some- 
times a  township  that  is  not  particularly  populous  con- 
stitutes a  single  district  itself.  Another  device  is  to  permit 
a  number  of  small  districts  to  combine  their  resources, 
abandon  their  tiny  district  schools,  cooperate  in  building 
one  fine  structure  at  a  convenient  spot,  employ  good 
teachers,  and  then  provide  transportation  for  the  children. 

Consolidated  Districts. — Thus  appears  the  so-called 
consolidated  school  district.  The  consolidated  school 
district  has  a  school  board  and  possibly  a  superintendent 
of  its  own.  The  consolidated  district  has  much  to  recom- 
mend it.  The  buildings  in  such  districts  can  be  as  good  as 
city  buildings,  for  they  may  be  adequately  lighted  and 
heated.  Playrooms  and  other  facilities  may  be  provided 
which  afford  the  country  children  all  the  benefits  enjoyed 
by  city  children,  and  sometimes  even  more.  And  much 
better  teachers  can  ordinarily  be  employed  to  work  in  these 
schools.  It  is  possible  to  classify  the  children  into  grades, 
and  to  give  them  much  better  instruction.  But  no  reform 
measure  can  be  without  its  strong  opponents,  and  objec- 
tions are  raised  because  consolidated  schools  are  so  much 
more  expensive  than  the  old-time  district  schools.  Indeed 
the  factor  of  expense  has  been  the  chief  impediment  to 
progress  along  these  lines.  Other  problems  arise  in  con- 
nection with  the  transportation  of  the  children.  This  can 
never  be  solved  until  good  roads  are  made,  and  kept  in 
good  condition. 

County  Unit  Administration.— The  most  promising 
tendency  in  the  direction  of  centralizing  control  over  the 
school  system  Hes,  however,  in  vesting  full  local  authority 
in  county  officials,   and  in  making  them  responsible  to 


SCHOOLS  AND   COUNTY  SCHOOL  OFFICMLS  271 

state  officers.  There  is  no  longer  any  reason  why  auton- 
omy should  be  permitted  in  an  area  smaller  than  the 
county.  Public  education  is  of  concern  to  the  entire 
state,  and  if  one  small  section  of  a  county  is  backward 
the  entire  state  suffers.  Standards  of  education  ought 
to  be  as  nearly  uniform  as  possible  and  they  never  will 
be  uniform  if  petty  local  officers  are  to  have  control.  The 
county  is  a  small  enough  unit  ordinarily  for  satisfactory 
school  administration  and  each  county  should  have  govern- 
mental machinery  for  managing  its  schools,  until  such 
time  as  state  control  shall  supplant  all  local  authority. 

There  have  been  county  school  boards  and  school 
superintendents  in  a  majority  of  the  states  for  many 
years,  but  the  trouble  has  been  that  they  possessed  little 
or  no  real  authority  over  the  district  school  officials. 
County  school  boards  have  existed  that  had  actually 
nothing  whatever  to  do;  and  county  superintendents 
have  held  office  and  occupied  their  time  with  making 
perfunctory  inspections  that  led  to  nothing,  and  with 
giving  advice  to  district  authorities  and  teachers  that 
was  deliberately  ignored.  The  law  has  required  super- 
intendents to  make  investigations,  to  give  advice  and 
assistance,  and  to  file  reports — sometimes  with  the  county 
court,  sometimes  with  state  officers.  But  under  such  cir- 
cumstances district  authorities  do  not  find  their  own 
prerogatives  invaded  to  the  slightest  degree,  for  the  super- 
intendent is  nothing  but  a  figurehead  who  can  be  ignored 
completely. 

The  county  superintendent's  hand  has  been  greatly 
strengthened  in  those  states  that  have  adopted  the  prac- 
tice of  giving  state  aid,  and  aid  is  given  based  largely 
upon  his  recommendations.  Under  such  circumstances 
it  can  be  seen  that  his  influence  in  the  various  districts 
would  be  quite  considerable.     It  has  also  been  the  func- 


272  COUNTY  AND  TOWNSHIP  GOVERNMENT 

tion  of  the  superintendent  to  conduct  examinations  for 
teachers  when  the  state  law  requires  all  teachers  to  have 
met  certain  requirements.  And  where  the  state  law 
makes  requirements  concerning  the  school  year,  com- 
pulsory attendance,  curriculum,  text-books  and  building 
standards,  it  is  the  business  of  the  superintendent  to  make 
investigations  and  report  violations.  On  the  other  hand, 
district  trustees  do  still  for  the  most  part  employ  their 
own  teachers,  have  direct  charge  of  their  school  build- 
ings, and  determine  the  tax  rate  for  their  districts. 

County  School  Board. — Complete  centralization  of  con- 
trol in  county  authorities  would  involve  the  abolition 
of  school  districts  as  independent  entities,  and  hence  the 
abolition  of  district  trustees.  A  county  school  board 
would  then  be  necessary.  There  are  various  ways  of 
selecting  such  a  board.  Popular  election  is  possible,  but 
is  strongly  to  be  condemned.  In  some  states  the  school 
board  is  composed  of  all  the  presidents  of  all  the  district 
boards  ex-officio,  but  this  could  not  be  under  the  reorgan- 
ization here  contemplated.  Probably  the  best  method 
of  selecting  a  county  school  board  would  be  to  have  it 
appointed  by  the  county  board.  And  it  ought  to  be 
relatively  small  in  number  of  members. 

Such  a  school  board  would  have  the  function  of  deter- 
mining all  school  policies  for  the  county  in  so  far  as  state 
law  left  it  free  to  determine  policies.  State  law  should 
at  least:  (i)  Fix  the  maximum  tax  rate,  relative  to  the 
value  of  property,  or  number  of  children  in  the  county. 
(2)  Fix  the  length  of  the  school  year.  (3)  Provide  for 
compulsory  attendance.  (4)  Determine  minimum  salaries 
for  teachers.  (5)  Fix  requirements  for  qualifications  for 
teachers.  (6)  In  general  terms  outline  a  curriculum, 
and    (7)    Determine   building   standards. 

Within    these   limits    the    county    school    board    could 


SCHOOLS  AND  COUNTY  SCHOOL  OFFICL\LS  273 

exercise  its  discretion  by:  (i)  Determining  the  number 
and  location  of  school  buildings.  (2)  Furnishing  them 
and  keeping  them  in  condition.  (3)  Letting  contracts 
for  supplies.  (4)  Employing  teachers.  (5)  Preparing 
the  school  budget,   and    (6)    Determining  the  tax  rate. 

The  County  Superintendent. — The  county  school  board 
might  also  select  a  county  superintendent  who  would  be 
directly  responsible  to  the  school  board  in  every  sense 
of  the  word.  It  has  been  the  custom  to  elect  the  county 
superintendent  of  schools  by  popular  vote,  and  this  is 
still  the  practice  in  somewhat  more  than  one-half  of  the 
states.  However,  inasmuch  as  the  superintendent  should 
not  be  vested  with  any  large  measure  of  discretion  in 
determining  important  school  policies  there  is  no  reason 
why  he  should  be  popularly  elected,  and,  furthermore, 
the  superintendent  should  possess  a  certain  fitness  for 
his  office  which  cannot  by  any  means  be  assured  if  he  is 
popularly    elected. 

The  duties  of  a  county  superintendent  would  be  pri- 
marily to  serve  as  an  agent  for  the  school  board.  He 
would  exercise  general  supervision  over  the  schools  of 
the  county,  examine  candidates  for  teachers'  positions, 
give  advice  and  aid  to  teachers  and  principals,  conduct 
rigid  and  frequent  inspections,  superintend  the  distribu- 
tion of  supplies,  make  recommendations  to  the  board  in 
the  matter  of  employing  teachers,  prepare  school  statis- 
tics, keep  various  records  that  are  needed,  and  make  com- 
plete reports  to  the  county  board.  These  functions  are 
already  perfoiTncd  by  county  superintendents  for  the 
most  part,  but  not  with  the  same  thorougliness  and  elTec- 
tiveness  that  could  be  expected  if  district  authorities 
were  abolished,  if  the  state  laws  were  made  more  com- 
plete, and  if  the  superintendent  were  appointed  by  and 
responsible  to  a  county  school  board. 


274  COUNTY  AND  TOWNSHIP  GOVERNMENT 

State  and  Federal  School  Authorities.— State  boards 
of  education  are  found  In  some  states  and  there  are  state 
superintendents  of  education  in  a  large  number  of  the 
states,  but  their  functions  do  not  come  within  the  scope 
of  this  volume.  Furthermore,  there  is  considerable  agita- 
tion for  the  creation  of  a  federal  department  of  education, 
with  a  secretary  at  its  head  who  would  have  a  place  in  the 
President's  cabinet.  The  activities  of  such  a  department 
would  certainly  be  greatly  hampered  by  the  limitations 
of  the  federal  constitution  unless  very  broad  interpreta- 
tions were  countenanced  by  the  courts.  Yet  even  in  spite 
of  constitutional  limitations,  the  possibilities  are  very 
great. 

City  Schools. — City  school  systems  have  not  been 
touched  upon  In  this  discussion.  They  are  quite  inde- 
pendent of  the  rural  school  system,  each  city  being  a 
school  district  and  possessing  its  own  organization  with 
a  school  board  and  a  superintendent  of  its  own.  This  is 
as  it  should  be.  The  county  school  organization  should 
embrace  only  the  area  outside  of  city  limits,  and  the  city 
school  system  should  not  come  under  the  control  of  county 
school  authorities.  All  of  them  should,  of  course,  be  in- 
cluded in  the  machinery  of  state  control. 


CHAPTER  XIV 
ROADS  AND  HIGHWAYS 

Highways  in  Ancient  Times. — The  establishment  and 
maintenance  of  roads  and  highways  has  been  a  function 
of  local  government  since  ancient  times.  Central  govern- 
ments have  seldom  been  interested  in  the  matter  except 
to  the  extent  of  maintaining  a  few  great  arteries  that 
would  connect  principal  points  and  facilitate  the  move- 
ments of  military  forces.  The  Roman  roads  still  remain 
as  monuments  to  their  builders,  and  a  few  great  arteries 
running  throughout  England  are  of  particular  interest. 
But  the  law  concerning  highways  in  early  England  was 
chiefly  negative.  By  this  statement  it  is  meant  that  laws 
were  not  frequently  passed  looking  toward  the  main- 
tenance of  these  highways,  no  special  duties  or  obligations 
were  ordinarily  imposed  upon  local  communities  with 
respect  to  maintaining  them;  but  there  was  plenty  of 
very  strict  law  concerning  the  maintenance  of  peace  upon 
the  king's  highway,  and  severe  penalties  were  inflicted 
upon  anyone  who  obstructed  free  passage  upon  it.  The 
reason  for  this  is  obvious,  the  Norman  kings  and  their 
successors  were  determined  that  channels  of  communica- 
tion between  them  and  their  people  should  be  free,  un- 
obstructed and  safe,  as  far  as  possible.  To  be  sure  the 
ideal  was  not  attained  for  some  hundreds  of  years  but 
that  has  nothing  to  do  with  the  theory. 

Highways  in  Colonial  America. — Except  for  these  few 
great  national  highways  the  people  of  each  community 
were  left  free  to  maintain  roads  or  not  as  they  saw  fit. 

275 


276  COUNTY  AND  TOWNSHIP  GOVERNMENT 

The  same  situation  prevailed  in  colonial  America.  If  any 
road  building  was  done  it  was  done  by  local  authorities, 
for  the  colonial  governments  took  scant  notice  of  the 
matter.  Clearly  enough  in  early  times  there  was  very 
little  that  needed  to  be  done.  Trails  from  one  community 
to  another  were  blazed  by  hunters  and  explorers.  But 
as  time  went  on  it  became  necessary  not  only  to  maintain 
streets  in  a  relatively  passable  condition  inside  the  limits 
of  urban  districts,  but  to  build  roads  from  one  community 
to  another  that  could  be  used  for  trading  purposes,  for 
the  delivery  of  mails,  and  for  general  intercommunication. 
Yet  even  after  the  period  of  statehood  the  whole  matter 
was  left  largely  to  local  authorities,  the  counties  and 
townships  assuming  full  responsibility.  They  were  given 
power  to  impose  meager  taxes  for  the  purpose  and  then 
were  left  to  their  own  devices. 

Highways  and  the  Federal  Government. — The  newly 
established  federal  constitution  gave  Congress  power  to 
establish  post  roads,  but  this  power  has  never  been  exer- 
cised to  any  important  degree.  Back  in  colonial  days 
Benjamin  Franklin  expressed  some  interesting  and  con- 
structive ideas  concerning  national  highways,  particularly 
for  purposes  of  facilitating  the  mail  service;  and  statesmen 
of  national  prominence  have  been  sporadically  interested 
in  the  matter  ever  since.  The  Cumberland  Road  was 
the  most  significant  national  highway  ever  attempted, 
and  although  during  the  thirties  and  forties  the  Whig 
Party  voiced  great  plans  for  national  highways,  but  little 
came  of  them,  attention  being  directed  rather  to  water- 
ways. From  that  time  until  the  present  little  has  been 
done  by  the  national  government. 

Highways  and  State  Governments. — State  govern- 
ments also  were  neglectful  of  the  highways  all  during  the 
nineteenth  century.     This  is  a  little  difficult  to  explain.     It 


ROADS  AND   HIGHWAYS  277 

was  natural  enough  that  the  federal  government  should 
have  neglected  them,  in  view  of  the  political  controversies 
concerning  the  powers  and  purposes  of  a  central  govern- 
ment. But  that  the  states,  in  the  very  moment  when 
they  were  claiming  sovereign  powers  and  expressing  re- 
sentment against  interference  in  local  affairs  on  the  part 
of  federal  authorities,  should  have  neglected  their  high- 
ways, is  not  so  easy  to  explain. 

Reasons  for  Neglect  of  Highways. — Yet  there  are  cer- 
tain considerations  that  do  shed  a  little  light  on  the  matter. 
They  may  be  enumerated,  (i)  Distances  were  rather 
overpowering  in  their  magnitude.  Settlements  were 
scattered  over  very  broad  areas,  and  the  prospect  of  build- 
ing roads  between  them  was  quite  forbidding.  These 
overpowering  distances  never  faced  the  people  of  Europe, 
and  it  is  not  to  be  wondered  at  that  in  the  press  of  other 
matters  the  statesmen  of  this  country  were  content  to 
let  alone  the  problem  of  building  endless  highways.  (2) 
The  population  was  relatively  scanty,  being  spread  over 
a  vast  area,  and  hence  the  demand  for  roads  was  not  so 
insistent  as  it  might  have  been.  (3)  There  was  no  oc- 
casion to  move  great  military  forces  on  foot.  The  necessity 
for  doing  this  was  one  of  the  principal  factors  in  the  devel- 
opment of  good  roads  in  the  old  country.  (4)  The  rail- 
roads developed  with  the  population  and  made  good 
highways  somewhat  less  necessary.  Had  the  steam  en- 
gine continued  to  remain  a  thing  unknown,  there  is  no 
doubt  that  as  population  developed  the  demand  for  good 
roads  would  have  become  more  insistent.  (5)  The  state 
governments  preferred  to  leave  the  matter  with  the  local 
areas  in  response  to  the  demands  for  democracy  and  local 
self-government.  These  considerations  explain  in  part 
at  least  why  such  little  progress  was  made  until  the  pres- 
ent century. 


278  COUNTY  AND  TOWNSHIP  GOVERNMENT 

Since  the  respective  state  governments  through  all 
this  period  have  been  so  neglectful,  the  whole  problem 
of  road  building  and  maintenance  has  rested  upon  the 
counties  and  the  townships.  This  fact  has  necessitated 
the  establishment  of  local  government  machinery  for  the 
purpose  of  exercising  this  function.  Policies  had  to  be 
determined,  money  necessarily  had  to  be  raised  for  the 
purpose,  and  the  work  actually  done  through  instrumen- 
talities of  local  government. 

What  is  Involved  in  Highway  Control? — The  local  gov- 
ernmental machinery  for  road  building  and  maintenance 
was  simple.  Power  to  determine  poHcies  was  vested  in 
town  boards  of  selectmen,  township  trustees,  and  county 
boards;  and  in  so  far  as  state  governments  have  not  taken 
over  control  of  certain  highways,  these  boards  determine 
policies  to-day.  Determination  of  poUcies  and  the  general 
management  of  roads  and  highways  involves:  (i)  The 
selection  of  routes  and  the  locating  of  bridges.  (2)  The 
purchase  or  condemnation  of  property  where  necessary. 
(3)  The  determination  of  the  amount  of  road  work  to  be 
done  in  a  given  period.  (4)  The  determination  of  the  char- 
acter of  the  work  and  improvements  to  be   undertaken. 

(5)  The  letting  of  contracts  for  the  purchase  of  all  the 
equipment,  material  and   supplies  that  may   be  needed. 

(6)  The  employment  of  workmen.  (7)  The  general  super- 
vision of  the  work,  and.  (8)  The  fixing  of  a  tax  rate  nec- 
essary to  raise  the  money  needed. 

Special  Road  Officials. — Actual  supervision  of  the  work 
of  road  construction  and  maintenance  has  always  been 
vested  in  special  officials.  There  have  been  township 
road  supervisors,  county  highway  commissioners,  and 
district  highway  officials.  In  some  cases  they  have  been 
independently  elected  officers,  but  that  situation  has 
been  largely  done  away  with  now,  the  person  who  takes 


ROADS  AND  HIGHWAYS  279 

direct  charge  of  road  work  usually  being  appointed  by, 
and  under  the  control  of,  the  board  which  determines 
policies. 

The  actual  work  in  early  days,  and  to-day  in  distinctly 
rural  sections,  was  done  to  a  large  extent  by  citizens  them- 
selves. A  road  tax  was  often  imposed  upon  every  adult 
man  in  the  community  for  purposes  of  road  maintenance, 
and  men  were  given  the  alternative  of  paying  the  tax  or 
of  doing  an  equivalent  amount  of  work  upon  the  roads 
themselves.  In  spite  of  the  fact  that  this  is  still  done  in 
certain  communities  it  is  obviously  a  very  undesirable 
practice.  The  work  done  by  such  men  is  not  of  the  best, 
it  is  irregularly  done,  and  is  in  many  ways  unsatisfactory, 
especially  in  present  times  when  good  roads  are  needed 
more  than  used  to  be  the  case.  But  it  is  not  yet  a  rare 
sight  to  see  farmers  out  along  the  roadside  with  their 
teams  and  wagons,  plows  and  scrapers,  working  out  their 
road  taxes. 

City  vs.  Country. — Governmental  machinery  for  road 
building  and  maintenance  to-day  ought  to  be  highly  organ- 
ized. All  roads  do  not  require  the  same  sort  of  attention. 
Certain  of  them  may  properly  be  left  to  the  care  of  local 
authorities  while  others  ought  to  be  controlled  by  the 
state.  The  condition  of  rural  crossroads  is  primarily 
the  concern  of  dwellers  in  rural  districts,  but  the  condi- 
tion of  a  main  highway  leading  from  one  city  to  another 
is  of  concern  even  to  the  whole  state.  It  should  not  be 
that  the  people  of  a  sparsely  settled  township  can  leave 
that  portion  of  a  main  highway  running  through  their 
jurisdiction  in  such  condition  that  it  is  impassable,  while 
large  populations  on  each  side  of  them  are  demanding 
a  means  of  quick  and  easy  communication. 

On  the  other  hand,  it  is  not  proper  that  the  people  of  a 
sparsely  settled  township  should  be  obliged  to  go  to  the 


28o  COUNTY  AND  TOWNSHIP  GOVERNMENT 

expense  of  building  a  fine  highway  chiefly  to  accommodate 
the  city  populations. 

Just  as  certain  aspects  of  the  school  problem  outgrew 
the  machinery  of  local  government,  so  have  the  modem 
problems  of  road  building  and  maintenance  outgrown  it. 
Minor  areas  are  utterly  incapable  of  meeting  the  demands 
of  present  times.  Even  counties  are  not  large  enough 
and  wealthy  enough  to  be  intrusted  with  the  more  im- 
portant highway  problems.  They,  as  well  as  smaller  units, 
must  be  deprived  of  some  of  their  prerogatives  in  con- 
nection with  the  highways,  for  the  needs  of  the  state  can- 
not be  denied  on  account  of  the  provincial  backwardness 
of  local   authorities   and   the  poverty  of  rural  districts. 

Classification  of  Highways. — These  considerations  sug- 
gest the  possibility  of  roughly  classifying  all  the  roads 
and  highways.  It  can  be  done,  although  it  is  not  con- 
sciously done  in  very  many  of  the  states. 

I.  Country  Roads. — In  the  first  place  there  are  the 
least  important  roads, — country  crossroads  leading  from 
farm  to  farm,  and  to  the  little  villages,  the  country  schools, 
and  railroad  stations.  These  are  country  roads  in  the 
best  sense  of  the  term.  In  common  parlance  no  distinc- 
tion is  made  between  the  words  "road"  and  "highway," 
and  indeed  there  is  no  very  important  distinction  to  be 
made.  But  it  may  be  said  in  general  that  "highways" 
are  always  pubhc  "roads."  The  highway  is  owned  by 
the  government,  the  government  has  complete  control 
over  it,  and  it  is  maintained  at  public  expense.  With 
"roads"  this  is  not  always  the  case.  "Roads"  may  be 
privately  o-iAmed  and  maintained,  "highways"  never. 
In  rural  districts  there  may  be  a  good  many  miles  of  much 
frequented,  well-kept  road  that  is  not  highway.  Never- 
theless we  are  not  dealing  in  these  pages  with  such  private 
roads,  but  only  with  roads  which  are  indeed  highways. 


ROADS  AND  HIGHWAYS  281 

Yet  in  deference  to  common  usage  it  is  quite  permissible 
to  speak  of  the  least  important  country  ''highways"  as 
country  "roads." 

These  roads  are  not  subjected  to  heavy  traffic  or  to 
constant  use.  It  is  not  necessary  that  they  be  permanently 
improved  but  merely  kept  in  reasonably  good  and  passable 
condition.  These  are  the  roads  that  are  of  primary  inter- 
est to  the  pedple  of  the  rural  districts  themselves.  It  is 
entirely  proper  that  they  should  have  control  over  them 
through  the  machinery  of  local  government. 

2.  Highways  Connecting  qities. — Another  class  of  roads 
is  composed  of  those  that  connect  all  the  cities  of  a  state. 
The  condition  of  these  highways  is  a  matter  of  great  con- 
cern to  the  urban  population  of  a  state  as  well  as  to  the 
rural  groups.  These  highways  are  necessary  to  the  devel- 
opment of  trade  and  social  intercourse,  which,  in  turn, 
is  essential  to  national  progress.  Such  important  high- 
ways ought  not  to  be  left  to  the  control  of  authorities  in 
areas  smaller  than  the  counties. 

J.  Cross-Slate  Highways. — Still  more  important  high- 
ways are  those  running  clear  across  the  state,  connecting 
the  largest  cities  and  facilitating  interstate  communica- 
tion. These  are  few  in  number,  but  they  are  of  primary 
concern  to  the  people  of  the  whole  state  and  should  be 
controlled  largely  by  state  authorities. 

4.  National  Arteries. — Yet  another  class  of  highways 
includes  those  great  national  arteries  which  exist  in  con- 
templation rather  than  in  actual  fact.  The  federal  gov- 
ernment might  well  assume  a  certain  measure  of  control 
over  them. 

As  said  above,  this  more  or  less  artificial  classification 
of  roads  and  highways  is  not  always  consciously  recog- 
nized in  highway  legislation.  But  in  actual  practice  it 
is  at  least  tacitly  rccogni^icd  in  a  majority  of  cases.    Coun- 


282  COUNTY  AND  TOWNSHIP  GOVERNMENT 

try  crossroads  are  invariably  left  to  the  care  of  town- 
ship or  county-district  authorities.  More  and  more  those 
highways  which  connect  the  cities  are  taken  over  by  the 
counties  in  the  states  where  townships  have  had  control  in 
the  past.  In  so  far  as  state  governments  assume  any 
responsibiHty  whatever  they  are  devoting  attention  to 
just  a  few  cross-state  highways  connecting  the  great 
cities.  And  the  federal  government  is  concerned  with 
only  a  few  great  national  arteries.  This  division  of  func- 
tion tacitly  recognizes  the  fourfold  classification  here 
suggested.  The  problems  in  connection  with  each  class 
wUl  be  touched  upon  and  particular  attention  given  to 
the  position  of  the  counties. 

Maintenance  of  Country  Roads. — The  elementary  tasks 
that  arise  in  connection  with  road  building,  such  as  the 
blazing  of  trails  through  the  woods  and  wilderness,  no 
longer  present  themselves  in  very  many  cases;  yet  there 
are  plenty  of  rough,  unfrequented,  and  partially  over- 
grown roads  that  suggest  the  difficulties  of  early  days. 
These,  and  the  country  crossroads  connecting  farm, 
school,  and  country  store,  are  maintained  by  township 
or  county  district  authorities.  These  roads  can  be  cared 
for  without  expensive  machinery  and  materials,  without 
skilled  engineers  and  armies  of  laborers.  The  local  super- 
visor or  other  road  official,  working  with  his  neighbors  or 
with  the  help  of  a  few  laborers,  can  do  all  that  needs  to 
be  done.  This  means  frequent  scraping  and  dragging 
with  rude  farm  machinery,  the  erection  of  rough  bridges 
across  small  streams,  the  clearing  away  of  obstructions, 
fallen  trees  and  underbrush,  and  the  digging  of  drainage 
ditches  to  prevent  washouts.  The  expense  of  this  work 
is  met  in  the  local  budget,  the  township  or  district  ofiicers 
determining  a  tax  rate  for  the  purpose. 

The  time  has  been  when  all  roads  were  virtually  in  this 


ROADS  AND  HIGHWAYS  283 

class  and  were  cared  for  in  just  this  manner.  Even  to-day 
they  are  likely  to  constitute  from  fifty  to  one  hundred 
percent  of  road  mileage  in  any  given  state.  These  roads 
are  the  residuum,  those  that  are  left  after  the  more  im- 
portant ones  have  been  selected  for  better  treatment,  and 
brought  under  the  control  of  authorities  superior  to  the 
local  ofl&cers. 

Care  of  the  Highways  Connecting  Cities. — Public 
opinion  is  demanding  that  the  highways  directly  connecting 
the  cities  and  most  important  urban  settlements  be  taken  out 
of  this  residuum  of  country  roads.  It  is  demanded  that 
the  highways  connecting  urban  populations  be  permanently 
improved  in  such  a  way  that  they  will  remain  passable 
during  ordinarily  bad  weather  and  constant  usage.  This 
demand  becomes  the  more  insistent  in  the  light  of  certain 
considerations,  (i)  Expanding  population  makes  it  more 
necessary  to  have  good  means  of  intercourse  in  order  to 
maintain  business  and  social  relations.  Old  facilities  are 
no  longer  adequate.  (2)  The  discovery  and  invention  of 
new  materials  in  recent  years  makes  it  a  much  easier 
matter  to  build  good  roads  than  it  used  to  be.  (3)  The 
engineering  problems  involved  in  bridging  streams,  cutting 
through  steep  hills,  and  blasting  rock,  are  more  easily 
solved  than  they  used  to  be.  (4)  The  impetus  given  to 
the  good  roads  movement  by  the  rapid  development  of 
the  automobile  need  only  be  mentioned  to  be  fully  ap- 
preciated. 

The  character  of  the  permanent  improvement  demanded, 
as  distinguished  from  the  rough  care  given  to  the  country 
roads,  may  involve  anything  from  merely  covering  them 
with  gravel,  crushed  stone,  or  other  like  materials,  to 
paving  them  with  brick,  cement,  or  even  something  more 
expensive.  Making  of  these  improvements  involves  the 
determination  of  policy,  the  purchase  of  expensive  machinery 


284  COUNTY  AND  TOWNSHIP  GOVERNMENT 

and  vast  quantities  of  material,  the  letting  of  great  con- 
tracts to  specialists  in  road  construction  and  engineering 
firms,  and  the  employment  of  a  great  many  men. 

This  work  is  done  through  counties  ordinarily.  County 
boards  select  those  roads  which  they  choose  to  subject 
to  permanent  improvement  and  then  undertake  full  con- 
trol of  them.  These  roads  are  then  looked  upon  as  a 
system  of  county  highways  as  distinguished  from  the 
residuum  of  unimproved  country  roads.  They  may  con- 
stitute anywhere  from  one  to  fifty  percent  of  the  road 
mileage  in  a  given  state. 

Road  building  is  rapidly  coming  to  be  one  of  the  most 
important  activities  carried  on  through  county  govern- 
ment. It  involves  the  expenditure  of  greater  sums  of 
money  and  the  letting  of  larger  contracts  than  any  other 
undertakings  ordinarily  assumed  by  counties.  County 
board  members  often  spend  a  large  proportion  of  their  time 
personally  Inspecting  and  supervising  road  work.  Old- 
time  county  road  officers,  popularly  elected,  have  virtually 
disappeared  and  county  boards  now  employ  surveyors  and 
engineers  to  do  the  work  which  they  cannot  do  themselves. 

Methods  of  Doing  Road  Work. — In  general  there  are 
two  principal  methods  of  procedure  by  which  a  county  may 
undertake  to  improve  its  system  of  highways.  The  first 
method  is  to  purchase  all  the  necessary  machinery,  equip- 
ment, and  material,  employ  a  county  engineer,  and  permit 
the  work  to  be  done  under  his  supervision  directly.  This 
means  the  investment  of  a  considerable  amount  of  money 
in  machinery  and  equipment,  and  the  employment  of 
many  laborers.  The  other  method  Is  to  enter  contracts 
with  construction  companies  for  the  Improvement  of 
certain  sections  of  the  highway.  The  county  engineer 
then  functions  as  an  adviser  to  the  board,  and  as  an  in- 
spector.   He  also  Is  responsible  for  the  maintenance  of  the 


ROADS  AND  HIGHWAYS  285 

highways  after  construction  work  has  been  completed. 
Both  methods  are  used  quite  generally,  the  second  ap- 
parently being  the  favorite. 

It  must  be  said  that  the  ambitions  of  county  officials 
and  the  desires  of  the  public  are  likely  far  to  outstrip  their 
ability  and  willingness  to  pay.  Legal  limitations  upon 
the  tax  rates,  and  clamors  of  the  taxpayers,  prevent  the 
development  of  good  roads  in  keeping  with  the  demand 
of  the  times.  Populations  of  great  cities  demand  improved 
highways  stretching  across  many  intervening  counties. 
The  cities  are  impatient  of  delay,  and  yet  some  of  the 
intervening  counties  may  be  quite  unable  to  finance  the 
building  of  the  sort  of  highway  that  is  wanted. 

"  State-Aid  "  Roads. — This  situation  has  led  to  the 
practice  of  "state-aid"  in  road  building.  Many  states 
have  created  state  highway  commissions  and  the  com- 
missioners do  much  toward  aiding  local  authorities.  Actual 
financial  aid  Is  given  in  many  cases.  State  highway  offi- 
cials will  indicate  a  certain  few  of  the  most  important 
cross-state  highways  which  ought  in  their  opinion  to  be 
paved.  The  counties  are  then  Informed  that  If  they  will 
proceed  with  the  improvement  along  the  lines  dictated  by 
the  state  officials  the  state  itself  will  contribute  substan- 
tially toward  the  expense. 

These  highways  often  become  known  as  "state-aid" 
roads.  The  practice  has  given  considerable  impetus  to 
road  building,  for  counties  are  usually  eager  to  take  ad- 
vantage of  these  contributions.  Thus  "state-aid"  roads 
are  becoming  more  numerous  every  year.  In  some  cases 
they  are  taken  entirely  out  from  under  the  control  of  local 
officers  and  thus  become  In  every  sense  of  the  word  state 
highways. 

The  National  Highways.— Still  another  type  of  high- 
way   has    been    mentioned- great   national    arteries   that 


286  COUNTY  AND  TOWNSHIP  GOVERNMENT 

exist  in  contemplation  rather  than  in  actual  fact.  The 
Lincoln  Highway,  the  Yellowstone  Trail,  and  the  Dixie 
Highway,  are  some  that  have  already  been  marked  across 
the  continent,  at  least  upon  a  map.  Statesmen  have  in 
mind  a  great  system  of  national  highways  which  may 
materialize  sometime  in  the  future.  It  is  to  be  supposed 
that  they  would  be  under  the  control  of  federal  authorities, 
or  that  substantial  federal  aid  would  be  given  to  those 
states  which  would  improve  that  portion  of  the  national 
highway  lying  within  their  boundaries.  Indeed  Congress 
already  has  appropriated  very  large  sums  of  money  as 
"aid"  to  road  building,  and  federal  agents  conduct  in- 
spections and  exert  a  considerable  measure  of  control  over 
the  work  that  is  done  with  federal  aid. 

But  for  the  present  there  are  no  true  national  highways. 
Those  that  have  been  blazed  across  the  continent  have 
been  improved  by  state  and  local  authorities  to  a  certain 
extent,  in  some  cases  with  federal  aid  and  sometimes  with- 
out. In  those  states  which  maintain  state  highways  or 
practice  state  aid,  the  projected  national  highway  is 
likely  to  become  part  of  the  state  system.  In  other  states 
the  counties  alone  are  responsible  for  the  maintenance  of 
that  portion  of  the  proposed  national  highway  which  lies 
within  their  boundaries.  And  in  certain  backward  com- 
munities the  national  highway  must  necessarily  degenerate 
into  nothing  more  than  an  ordinary  country  road — scraped, 
dragged,  drained,  or  neglected  by  officials  of  the  smallest 
areas. 


CHAPTER  XV 
REFORM  OF  COUNTY  GOVERNMENT 

There  has  been  presented  here  a  picture  of  typical 
county  government  in  the  United  States.  The  exact  situa- 
tion in  no  one  state  has  been  described.  And  it  has  been 
observed  that  variations  are  numerous,  particularly  as 
regards  the  less  important  aspects.  However,  it  has  been 
possible  to  discuss  in  some  detail  those  governmental 
activities  usually  carried  on  through  areas  of  local  govern- 
ment, the  character  of  the  political  machinery  and  organ- 
ization through  which  the  functions  are  exercised,  and 
to  a  certain  extent  the  methods  that  ordinarily  are  pursued. 
It  was  noted  too  that  many  factors  contributed  to  a  deter- 
mination in  each  state  as  to  what  the  functions  of  local 
government  should  be,  the  character  of  the  governmental 
machinery,  and  even  the  methods  that  should  be  followed. 
Now  it  is  desirable  to  turn  to  the  problem  of  reform  of 
county  government  as  a  whole  and  see  what  factors  must 
be  dealt  with  in  this  connection. 

Changes  in  Function. — In  the  first  place  it  must  be 
emphasized  that  the  present  situation  has  developed 
gradually  and  without  conscious  direction.  New  functions 
have  been  bestowed  upon  areas  of  local  government  from 
time  to  time  as  it  became  necessary  for  the  govenmient  to 
do  new  things,  and  certain  functions  have  been  taken  away. 
But  more  particularly  the  functions  themselves  have  taken 
on  a  new  complexion  as  years  passed  by.  The  function 
of  maintaining  peace  is  not  what  it  used  to  be,  nor  is  the 
function  of  poor  relief.    Road  building  and  education  are 

287 


288  COUNTY  AND  TOWNSHIP  GOVERNMENT 

no  longer  the  simple  problems  that  they  used  to  be.  These 
functions  have  altered  very  slowly  either  as  a  result  of 
deliberate  legislative  action  or  as  a  result  of  social  forces. 
At  any  rate,  functions  have  changed,  and  the  machinery 
of  local  government  has  not  been  changed  to  keep  pace 
with  the  changes  in  function.  Here  lies  one  of  the  problems 
of  reform. 

Changes  in  Organization. — On  the  other  hand,  the  ma- 
chinery of  local  government  has  been  altered  from  time 
to  time,  but  not  consistently  or  in  harmony  with  changing 
functions.  New  offices  have  been  created  on  the  spur  of 
the  moment  without  any  effort  being  made  to  maintain 
the  county  organism  as  a  unit.  Lines  of  responsibility  and 
authoritative  control  have  not  been  made  clear,  and  hence 
the  machinery  of  county  government  is  disorganized,  and 
the  various  parts  are  calculated  to  work  at  cross  purposes. 
Here,  too,  lies  a  problem  of  reform. 

Changes  in  Method. — And  lastly,  changing  condi- 
tions demand  that  new  methods  be  pursued  in  the 
performance  of  old  functions.  The  county  clerk  must 
have  office  equipment  which  fifty  years  ago  was  unknown. 
The  treasurer's  books  and  the  recorder's  records  must  be 
kept  in  better  w^ays  than  they  used  to  be.  County  pur- 
chasing and  budget  making,  and  the  assessing  of  property, 
are  the  same  old  functions  that  they  used  to  be,  but  new 
methods  ought  to  be  pursued  in  exercising  them.  So  here 
again  lies  a  problem  of  reform. 

Outline  of  Reform  Programme. — A  programme  of 
reform  in  county  government  can  be  outlined.  It  would 
involve  a  consideration  of: 

I.  Changes  in  function. 

(a)  The  assumption  of  new  functions. 

(i)  Either    taken    over    from    smaller    dis- 
tricts such  as  the  townships  (thus,   the 


REFORM  OF  COUNTY  GOVERNMENT  289 

county  might  take  full  charge  of  assess- 
ments, poor  reHef,  and  road  building),  or 

(2)  Taken    on    as    new    projects    altogether 
(thus,    counties    are    building    hospitals 
and    maintaining   parks    and    libraries). 
(b)  The  abandonment  of  old  functions. 

(i)  To  the  state  (the  possibilities  have  been 
suggested  in  connection  with  the  care 
of  defectives,  rural  education,  highways, 
and  maintenance  of  peace),  or 

(2)  To  smaller  districts   (this  rarely  occurs 
and  is  not  to  be  approved). 
II.  The  reorganization  of  government  machinery. 

(a)  The  abolition  of  certain  officers  (coroner, 
collector,  overseer  of  the  poor,  highway  com- 
missioner). 

(b)  The  creation  of  new  offices  (civil  service  com- 
missions, county  manager,  hospital  super- 
intendent,  public  defender). 

(c)  New   methods    of    selecting    officers    (appoint- 

ment instead  of  election). 

(d)  Establishment  of  clear  lines  of  responsibility 
and  control  (thus  making  the  county  clerical 
officers  accountable  to  the  board,  making 
the  public  prosecutor  or  school  superintendent 
responsible  to  state  authorities). 

III.  The  adoption  of  new  methods  in  all  phases  of  county 
activity. 
Public  Interest  in  Reform.— In  the  light  of  this  outline 
one  is  tempted  to  inquire:  (i)  What  specific  suggestions 
have  come  from  reliable  sources  as  regards  reform?  (2) 
Wliich  of  these  can  be  harmonized  in  such  a  way  as  to 
effect  a  practical  reform  with  a  minimum  of  legal  action 
and  without  too  much  uprooting  of  old  institutions  and 


290  COUNTY  AND  TOWNSHIP  GOVERNMENT 

violence  to  popular  prejudice?  (3)  Just  how  much  has 
already  been  accomplished?  Suggestions,  and  answers 
to  these  questions  are  coming  from  many  sources.  Such 
organizations  as  the  National  Short  Ballot  Organization, 
the  National  Municipal  League,  the  various  political 
science  associations  and  clubs,  and  civic  bodies  every- 
where, are  turning  their  attention  to  the  problem. 

The  Chief  Problem:  Structure. — The  chief  prob- 
lem In  this  outline,  the  one  that  commands  Immediate 
attention  and  presents  the  most  baffling  complications, 
Is  that  of  reorganizing  the  structure  of  county  govern- 
ment. Changes  In  function  are  taking  place  steadily  by 
slow  degrees.  Functions  are  slowly  passing  from  the 
control  of  townships  and  minor  districts  to  the  control 
of  county  authorities,  as  has  been  Indicated  In  the  body 
of  the  text.  And  the  same  tendency  leads  to  the  relin- 
quishment of  certain  functions  by  the  county  In  favor  of 
the  state.  Improvement  In  methods  also  goes  on  apace. 
But  the  great  stumbling-block  is  the  reorganization  of 
machinery,  particularly  the  unification  of  the  county 
organism  and  the  clear  delineation  of  lines  of  responsibility 
and   control. 

Changes  In  this  direction  are  considered  radical  by  the 
public  generally  and  often  are  condemned  as  undemo- 
cratic. They  are  generally  opposed  by  those  who  are  In 
office  and  those  who  hope  to  be.  Changes  In  this  direction 
often  Involve  constitutional  amendments  and  the  up- 
rooting of  old  Institutions  that  are  deeply  Imbedded  In 
the  political  experience  of  the  people.  Hence  this  problem 
stands  out  as  the  most  difficult  of  all.  So,  while  the  other 
points  In  the  outline  should  not  be  forgotten,  the  problem 
of  reforming  organization  may  well  be  the  center  of  any 
discussion  of  reform  In  county  government. 

Typical  County  Structure. — On  page  291  will  be  found 


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292  COUNTY  AND  TOWNSHIP  GOVERNMENT 

Chart  I  which  illustrates  graphically  the  governmental 
organization  of  a  typical  county  wherein  all  of  the  im- 
portant officers  are  popularly  elected.  It  will  be  observed 
that  lines  of  responsibility  and  control  run  directly  to 
the  electorate,  leaving  the  county  machinery  disunited 
and  not  focused  around  any  responsible  central  authority. 
The  evils  of  this  situation  were  sufficiently  discussed  when 
the  various  offices  were  under  consideration. 

Suggestions  for  reform  of  the  situation  depicted  in 
Chart  I  vary  from  those  which  contemplate  the  establish- 
ment of  a  county  commission  with  a  county  manager,  to 
those  which  merely  involve  picking  out  an  officer  here 
and  there  and  causing  him  to  be  appointed  by  the  board 
instead  of  popularly  elected. 

Enumeration  of  County  Officers. — It  will  be  observed 
that  on  Chart  I  there  are  not  to  be  found  certain  of  the 
officers  and  boards  that  were  discussed  at  considerable 
length  in  the  body  of  the  text.  They  are  left  out  of  the 
graphic  illustration  simply  because  they  are  not  to  be 
found  in  t3T)ical  counties,  or  else  they  exist  as  distinctly 
subordinate  appointees  of  other  officers.  Chart  I  is  in- 
tended to  picture  a  thoroughly  typical  county.  But  in 
order  that  all  of  the  officers  which  have  been  discussed 
in  the  text  may  be  kept  in  mind  as  the  discussion  of  re- 
form proceeds,  a  compact  list  is  given  below: 

List  of  the  Principal  Boards  and  County  Officers  That  Have  Been 
Discussed  in  the  Text 

County  Board 

Board  of  Review 

Board  of  Election  Commissioners 

Board  of  Road  Commissioners 

Board  of  Health 

School  Board 


REFORM  OF  COUNTY  GOVERNMENT  293 

Civil  Service  Commission 

Sheriflf 

Coroner 

Public  Prosecutor 

County  Counsel 

Public  Defender 

County  Clerk,  or  Auditor 

Recorder 

Clerks  of  Court 

Auditor 

Treasurer 

Collector 

Assessor 

Superintendent  of  Schools 

Overseer  of  the  Poor 

County  Physician 

Health  Officer 

Superintendents  of  Institutions 

Highway  Commissioner 

Surveyor 

Engineer 

Suggested  Reforms  Summarized. — A  mere  glance  at 
this  list  will  bring  to  mind  most  of  the  suggestions  for 
reform  that  have  been  made  in  the  text.  They  are  such 
as  could  be  effected  gradually,  one  at  a  time  indeed;  they 
do  not  involve  any  serious  invasion  of  the  prerogatives 
of  local  government,  nor  do  they  involve  any  novel  or 
strikingly  new  ideas  of  government.  They  merely  in- 
volve a  simplification  of  the  machinery  of  county  govern- 
ment. These  suggestions  for  reform  may  be  summarized 
and  then  presented  in  a  graphic  illustration. 

The  County  Board. — The  county  board  should  consist 
of  from  three  to  seven  members,  depending  upon  the 
population  of  the  county.  The  members  should  be  pop- 
ularly elected  either  at  large  or  from  districts,  and  for  a 


294  COUNTY  AND  TOWNSHIP  GOVERNMENT 

term  not  less  than  four  years;  and  they  should  be  paid  a 
fixed  salary.  This  board  might  be  known  as  the  Board 
of  County  Commissioners. 

The  functions  of  the  board  should  be  virtually  what 
they  are  at  present,  namely:  (i)  to  determine  poHcies, 
(2)  to  exercise  supervision  over  all  county  activities,  (3) 
to  make  appointments,  (4)  to  fix  the  tax  rate,  (5)  to  make 
appropriations  or  pass  a  budget,  (6)  to  let  contracts,  and 
(7)  to  pass  on  claims.  These  should  be  the  chief  func- 
tions of  the  board. 

It  is  to  be  remembered  that  certain  of  the  functions 
ordinarily  exercised  by  a  county  board  are  in  some  cases 
exercised  by  special  independent  boards  or  commissions, 
particularly  in  the  more  populous  counties.  But  on  the 
whole  it  is  highly  desirable  to  avoid  the  multiplication  of 
such  boards  and  commissions. 

Board  of  Review. — In  this  connection  it  will  be  recalled 
that  county  boards  ordinarily  serve  as  boards  of  review, 
to  equalize  assessments.  This  is  a  proper  function  of  a 
county  board  and  thus  a  special  board  of  review  is  not 
needed. 

Election  Commissioners. — County  boards  usually  have 
full  supervision  of  elections,  though  in  some  states  the 
county  judge  has  certain  administrative  duties  in  this 
connection,  and  in  other  states  boards  of  election  com- 
missioners have  been  created  which  supervise  the  machin- 
ery of  elections.  But  in  the  ordinary  county  there  is  no 
reason  why  the  entire  machinery  of  elections  cannot 
be  put  under  the  direct  control  of  the  county  board 
itself. 

Highway  Commissioners. — With  the  rapid  development 
of  good  roads  there  has  been  a  tendency  to  create  highway 
departments  in  the  county  organization,  or  to  create 
special    boards    of    road    commissioners.      However,    the 


REFORM   OF  COUNTY  GOVERNMENT  295 

regular  county  board  ought  to  be  entirely  competent  to 
undertake  full  supervision  of  the  county  highway  system. 

Boards  of  Health. — County  boards  of  health  are  ap- 
pearing in  some  states.  They  are  needed,  for  the  regular 
county  boards,  composed  of  laymen,  are  not  altogether 
competent  to  determine  policies  with  regard  to  public 
health.  A  board  of  health  need  not  be  large,  nor  need  the 
members  give  very  much  time  to  their  duties.  Their 
salaries  could  be  very  low.  A  county  board  of  health 
might  well  consist  of  three  members,  two  physicians  and 
one  layman,  appointed  by  the  board  of  county  commission- 
ers, for  a  period  of  four  years. 

The  School  Board. — It  is  desirable  that  the  govern- 
mental machinery  for  the  management  of  schools  be  made 
more  or  less  independent  of  the  rest  of  the  county  organ- 
ization. Hence,  a  county  school  board  of  from  six  to  a 
dozen  members,  serving  without  pay  or  for  very  small 
compensation,  could  be  selected  by  the  board  of  county 
commissioners  and  have  full  charge  of  the  county  school 
system. 

Civil  Seroice  Commission. — If  civil  service  examina- 
tions are  desirable  in  connection  with  appointment  to 
federal,  state,  and  city  offices,  they  are  desirable  in  con- 
nection with  appointments  to  county  offices.  Certain 
county  appointees  ought  to  be  exempt,  but  the  clerical 
officers,  the  fmancc  officers,  the  superintendents  of  in- 
stitutions, and  most  of  the  other  county  appointees  ought 
to  be  subjected  to  civil  service  examinations.  The  civil 
service  commission  which  would  administer  the  examina- 
tions could  consist  of  three  members.  They  should  be 
independent  of  the  regular  board  of  county  commissioners 
because  the  purpose  of  the  civil  service  merit  system 
would  be  to  restrict  the  county  board  itself  in  the  matter 
of  appointments.     The  civil  service  commissioners  could 


296  COUNTY  AND  TOWNSHIP  GOVERNMENT 

be  popularly  elected,  either  at  large  or  from  districts. 
Their  compensation  could  properly  be  very  small. 

The  Sheriff. — The  sheriff  ought  to  remain  an  elective 
officer  until  such  time  as  he  is  embraced  in  a  reorganiza- 
tion of  state  government.  And  no  changes  in  his  func- 
tions can  profitably  be  made  until  such  time.  His  term 
should  be  at  least  four  years  and  he  should  be  paid  a  fixed 
salary  and  no  fees. 

Coroner. — The  coroner's  office  may  be  abolished. 

Public  Prosecutor. — The  public  prosecutor  should  re- 
main a  popularly  elected  officer  until  such  time  as  he  Is  In- 
cluded in  the  organization  of  a  state  department  of  justice. 
He  should  be  simply  a  prosecutor,  however,  and  be  relieved 
of  certain  functions  that  would  fall  to  a  county  counsel. 

County  Counsel.— K  county  counsel  should  be  appointed 
by  the  board  of  county  commissioners.  He  should  serve 
as  legal  adviser  to  county  officers,  represent  the  county 
and  county  officers  in  litigation,  and  take  over  any  other 
legal  duties  now  discharged  by  the  public  prosecutor  but 
not  related  strictly  to  prosecution. 

Public  Defender. — A  public  defender.  If  such  an  officer 
Is  considered  necessary,  should  be  selected  in  the  same 
manner  as  the  public  prosecutor,  If  that  officer  be  under 
the  control  of  a  state  department  of  justice.  Otherwise 
It  were  better  for  the  defender  to  be  appointed  by  the 
board  of  county  commissioners.  If  such  were  the  case, 
it  is  not  Impossible  that  the  functions  of  county  counsel 
and  defender  be  combined  in  one  individual.  The  two 
functions  are  not  necessarily  incompatible  In  their  nature. 

Clerical  Officers. — As  to  the  clerical  officers,  the  county 
clerk — In  some  states  known  as  the  county  auditor — ought 
to  be  appointed  by  the  board  of  county  commissioners. 
He  would  then  be  directly  responsible  to  the  board  In 
every  sense  of  the  word.     His  functions  would  be  very 


REFORM  OF  COUNTY  GOVERNMENT  297 

largely  what  they  are  at  present.  He  would  be  a  secretary 
and  an  executive  agent  for  the  board,  and  he  could  render 
the  board  much  more  valuable  assistance  than  is  now 
possible,  particularly  in  connection  with:  (i)  the  exercise 
of  general  supervision  over  all  county  activities,  (2)  pur- 
chasing supplies,  (3)  examining  claims  (4)  preparing  a 
budget,  and  (5)  negotiating  contracts. 

The  recorder  should  be  an  appointive  subordinate  in  the 
clerk's  ofl&ce. 

All  clerks  of  court  should  be  appointed  by  the  judges  of 
the  courts. 

Finance  Officers. — The  finance  officers  too  might  very 
well  be  appointed.  The  board  of  county  commissioners 
should  appoint  a  treasurer  whose  functions  might  be  the 
same  as  they  are  at  present.  His  office  should  be  surrounded 
with  legal  safeguards,  however,  that  would  serve  to  eliminate 
as  far  as  possible  the  abuses  that  might  otherwise  develop. 
The  treasurer  ought  to  function  also  as  collector. 

An  assessor  should  be  appointed  by  the  same  authority 
as  the  treasurer  until  such  time  as  it  is  thought  proper  to 
bring  the  function  of  assessment  under  state  control.  The 
county  assessor  ought  of  course  to  displace  the  township 
assessors. 

A  county  auditor  is  not  needed.  The  function  of  audit- 
ing accounts  is  much  better  performed  through  instrumen- 
talities of  the  state. 

Superintendent  of  Schools. — The  superintendent  of  schools 
should  be  selected  by  the  school  board  and  be  directly 
responsible  to  it. 

Charily  and  Public  Health  Officers. — In  connection  with 
public  health  and  charities  certain  special  ofiicers  are 
necessary.  An  overseer  of  the  poor  should  be  appointed 
by  the  county  board  to  superintend  outdoor  relief  and  to 
conduct  all  the  investigations  concerning  charity  cases. 


298  COUNTY  AND  TOWNSHIP  GOVERNMENT 

Superintendents  of  various  institutions  ought  also  to  be 
appointed  by  the  board.  The  board  of  health  would  have 
need  of  an  executive  officer  whom  it  should  appoint.  He 
would  be  the  county  physician  and  health  officer,  and 
serve  full  time  or  part  time  as  need  be. 

Highway  Officials. — The  county  board  itself  should  have 
full  charge  of  highways  and  should  employ  an  engineer  and 
surveyors  as  might  be  necessary. 

Essence  of  Reform:  Centralization. — All  of  these  sug- 
gestions are  brought  together  and  illustrated  graphically 
in  Chart  II,  page  299.  This  chart  thus  graphically  il- 
lustrates a  reformed  county  organization.  It  will  be  ob- 
served at  once  that  the  principal  features  of  the  suggested 
reforms  lie  in  doing  away  with  the  popular  election  of  many 
county  officials,  in  greatly  strengthening  the  position  of  the 
county  board,  and  in  making  it  the  center  of  a  unified 
county  governmental  structure. 

This  scheme  for  reorganizing  county  government  is  by 
no  means  satisfactory  to  those  who  have  little  faith  in  the 
administrative  ability  of  county  boards.  These  people 
are  of  the  opinion  that  all  administrative  responsibility 
should  be  concentrated  in  one  individual,  and  they  turn 
to  the  city  manager  for  inspiration.  There  are  also  those 
who  refuse  to  compromise  with  the  offices  of  sheriff  and 
public  prosecutor  and  believe  that  these  two  should  at 
once  be  put  under  the  direct  control  of  state  authorities. 
And  there  are  still  others  who  believe  that  all  the  present- 
day  functions  of  local  government  should  be  carried  on  by 
the  state. 

It  would  be  impossible  to  reconcile  all  of  the  radical 
proposals  that  have  been  made  concerning  the  reform  of 
county  government;  but  the  essential  features  of  the 
county  manager  plan  may  briefly  be  described. 

County  Manager  Plan. — The  plan  involves  first  the 


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COUNTY  AND  TOWNSHIP  GOVERNMENT 


popular  election  of  a  board  of  from  five  to  nine.  The 
members  would  be  elected  for  a  four-year  term  and  serve 
for  very  low  pay. 

The  chief  function  of  the  board  would  be  to  employ  a 
manager  from  among  those  who  could  pass  the  civil  service 
examinations  for  this  office  or  show  other  evidences  of 
fitness  and  ability.  The  remaining  functions  of  the  board 
would  be  few  and  simple  although  of  primary  importance. 
The  board  would:  (i)  pass  ordinances  under  which  county 
activities  could  be  carried  on,  thus  determining  poUcies; 
(2)  determine  the  tax  rate;  (3)  make  appropriations  or 
pass  a  budget;  (4)  pass  on  claims;  (5)  authorize  contracts 
as  negotiated  by  the  manager;  and  (6)  ratify  appointments 
made  by  the  county  manager. 

The  manager  himself  would  necessarily  be  a  highly  paid 
official  and  devote  full  time  to  his  work.  He  would  have 
direct  personal  control  over  all  the  business  and  administra- 
tive w^ork  of  the  county,  recognizing  responsibility  only  to 
the  board.  He  would  appoint  all  the  subordinates  neces- 
sary to  the  administration  of  county  affairs,  such  as  the 
clerical  officers,  the  finance  officers,  and  those  concerned 
with  public  charities  and  institutions.  He  would  exercise 
constant  supervision  and  authoritative  control  over  all  of 
them.  In  addition  he  would  (i)  have  personal  charge  of  all 
public  works;  (2)  negotiate  contracts  on  behalf  of  the 
county;  (3)  serve  as  purchasing  agent  for  offices  and  in- 
stitutions; (4)  prepare  a  tentative  budget  to  lay  before 
the  board;  and  (5)  approve  or  disapprove  all  claims  before 
they  were  submitted  to  the  board. 

The  county  manager  idea  it  is  believed  is  particularly 
adapted  to  urban  counties,  although  enthusiasts  are  by  no 
means  convinced  that  it  is  not  suited  to  universal  applica- 
tion.* 

*  See  Documents  on  County  Government. 


REFORM  OF  COUNTY  GOVERNMENT  301 

The  Commission  Plan. — Another  radical  reform  scheme 
of  county  government  which  might  or  might  not  include 
the  manager  idea,  involves  an  adaptation  of  the  city 
commission  plan  to  the  county.*  It  involves  the  classifica- 
tion of  county  activities  into  several  departments  with  a 
departmental  head  for  each.  Three  departments  have 
been  suggested.  They  are:  (i)  Public  Works,  which  would 
include  highways  and  bridges,  buildings  and  parks.  (2) 
Finance,  in  which  department  the  treasurer,  collector 
and  assessor  would  be  found.  County  purchasing  would 
be  done  through  this  department  and  the  budget  would 
be  prepared  there.  (3)  Charities,  and  Public  Welfare, 
which  would  include  public  health  activities  and  the 
control  of  charitable  institutions  and  poor  reHef.  The 
departmental  heads  would  be  chosen  by  a  board  which 
would  exercise  the  usual  policy  determining  functions. 
The  county  clerk,  the  county  counsel,  and  the  superintend- 
ent of  schools  would  be  outside  the  departments. 

Obviously  there  are  a  great  many  variations  and  com- 
bininations  which  could  be  effected.  The  purpose  here  is 
merely  to  suggest  possibiHties  and  to  point  to  the 
ideas  that  are  being  worked  out  by  civic  agencies.  It 
should  be  stated  that  at  present  none  of  these  plans  is  in 
operation  anywhere.  The  nearest  approach  to  them  has 
been  reached  in  certain  of  the  California  counties  where 
city-county  combinations  have  been  effected. 

Home  Rule  for  Counties. — The  movement  for  reform 
of  county  government  is  bound  up  with  the  demand  for 
home  rule.  Home  rule  for  cities  has  been  practiced  with 
some  success  for  many  years  and  it  is  urged  that  there  is  no 
reason  why  home  rule  for  counties  would  not  also  be  fol- 
lowed ])y  good  results. 

In  order  for  the  counties  of  a  state  to  enjoy  opportunities 
*  Sec  National  Municipal  Review^  August,  1920,  p.  504. 


302  COUNTY  AND  TOWNSHIP  GOVERNMENT 

for  home  rule  it  would  be  necessary  to  provide  by  law 
for  a  referendum  on  the  question  in  any  given  county 
whenever  a  certain  number  of  petitioners  might  demand 
it.  If  a  favorable  vote  resulted  from  a  referendum  it 
would  indicate  that  the  people  of  that  county  wished  to 
abandon  the  regular  county  organization  and  establish  a 
different  form  of  county  government  for  themselves.  A 
commission  could  then  be  selected  as  provided  by  law,  either 
appointed  or  elected.  This  commission  would  then  devise 
a  scheme  of  county  government  which  in  the  opinion  of 
the  commission  would  meet  the  needs  of  the  county,  and 
submit  the  plan  to  a  referendum.  If  the  vote  were  favor- 
able at  this  referendum,  the  new  government  could  be 
established.  The  proposed  scheme  would  necessarily 
have  to  be  within  whatever  limitations  may  have  been 
fixed  by  law,  such  as  stipulations  that  certain  officers  must 
be  popularly  elected. 

This  is  the  essence  of  home  rule.  It  has  been  suggested 
particularly  for  those  counties  in  which  are  to  be  found 
cities  of  considerable  size. 

The  City-County  Problem. — The  development  of  urban 
centers  to  such  a  point  that  they  absorb  a  large  proportion 
of  the  area  and  population  of  the  county  in  which  they 
happen  to  be  situated  gives  rise  to  some  special  problems 
of  reform  in  county  government.  In  the  case  of  the  larger 
cities  it  is  apt  to  occur  that:  (i)  The  city  becomes  larger 
than  the  county  and  even  absorbs  more  than  two  counties. 
This  is  the  situation  in  New  York  City.  (2)  The  city  is 
virtually  coterminous  in  area  with  the  county.  This  is 
the  case  with  Philadelphia,  St.  Louis,  Denver,  and  several 
other  cities.  (3)  The  city  is  not  as  large  in  area  as  the 
county  but  contains  by  far  the  largest  proportion  of  the 
population  and  wealth  of  the  county.  The  most  con- 
spicuous illustration  of  this  condition  is  Chicago. 


REFORM   OF  COUNTY  GOVERNMENT  303 

Whenever  any  of  the  situations  enumerated  above  exists, 
conflicts  of  jurisdiction,  duplication  of  function,  wasteful- 
ness, and  more  or  less  inefficiency  and  confusion  arise  in 
the  effort  to  exercise  county  and  city  functions  harmoni- 
ously. Indeed  the  difficulties  that  arise  in  such  situations 
begin  to  appear  whenever  a  city  reaches  such  a  size  that 
its  population,  its  wealth,  and  its  governmental  activities 
begin  to  overshadow  the  county  in  which  it  is  located. 
The  difficulties  appear  in  cities  far  smaller  than  any  that 
have  been  named  above;  but  when  such  cities  reach  the 
size  of  those  that  have  been  named  the  difficulties  come  to 
be  almost  intolerable  and  demand  solution  through  a 
system  of  reorganized  county  government. 

Two  Assemblies  not  Needed. — In  such  situations  the 
county  board  and  the  city  council  appear  as  quasi-legislative 
bodies  determining  governmental  policies,  making  ap- 
propriations, and  fixing  tax -rates  for  practically  the  same 
area  and  the  same  population.  There  is  real  need  for 
only  one  such  quasi-legislative  body,  for  even  though  the 
law  may  clearly  define  the  sphere  of  activity  for  each 
body,  the  functions  are  essentially  similar  in  their  nature 
and  might  well  be  performed  by  one  assembly.  Thus  the 
same  assembly  could  very  well  determine  municipal  policies 
and  also  determine  pohcies  with  regard  to  county  activities 
as  well — policies  that  deal  with  the  construction  of  high- 
ways, the  extension  of  poor  relief,  education,  the  adminis- 
tration of  tax  laws,  and  elections. 

Other  Duplications. — The  exercise  of  police  functions  is 
quite  likely  to  raise  difficulties.  The  county  sheriff  and 
city  police  have  the  same  powers,  but  their  activities  are 
frequently  not  coordinated.  The  law  officers  and  the 
finance  (jfficers  of  each  unit  are  discovered  duplicating 
each  other's  work;  or  at  least  it  soon  becomes  apparent  that 
one  staff  of  law  officers  or  one  staff  of  finance  officers  could 


304  COUNTY  AND  TOWNSHIP  GOVERNMENT 

very  easily  perform  all  the  law  and  finance  functions  that 
must  needs  be  exercised  in  behalf  of  both  the  city  and  the 
county.  Also  the  distinctly  clerical  functions  of  both 
areas  can  very  well  be  performed  through  a  single  staff  of 
clerical  officers.  And  obviously  such  institutions  as  poor- 
houses,  hospitals,  jails,  orphan  asylums,  libraries,  and 
schools  do  not  require  the  existence  of  two  entirely  separate 
structures  of  government. 

A  certain  degree  of  wastefulness  is  sure  to  grow  out  of 
such  duplication.  Confusion  in  the  exercise  of  functions 
is  almost  sure  to  arise;  particularly  is  this  true  in  con- 
nection with  the  administration  of  tax  laws.  And  it  is 
indeed  fortunate  if  unseemly  conflicts  do  not  arise  between 
authorities  of  the  two  areas  seeking  to  do  the  same  thing, 
or  to  perform  functions  that  bring  them  into  close  contact 
with  each  other.  The  citizen  furthermore,  when  he  thinks 
about  the  matter  at  all,  is  quite  likely  to  be  much  confused 
as  to  the  jurisdiction  of  various  authorities  and  to  resent 
the  necessity  of  dealing  with  two  sets  of  officials  on  matters 
that  might  well  be  handled  by  one.  The  organization  of 
the  county  is  adapted  primarily  to  the  needs  of  a  semi- 
rural  area,  and  those  functions  which  county  officers  per- 
form and  which  must  also  be  performed  within  city  limits, 
could  very  readily  be  transferred  to  city  officers. 

Thus  it  appears  from  practical  considerations  as  well  as 
theoretical  that  within  large  cities  there  ought  to  be  just 
one  structure  of  government,  just  one  governmental  or- 
ganization, to  perform  all  the  functions  ordinarily  exer- 
cised through  the  county  and  the  city.  There  should  be 
just  one  board,  council,  or  quasi-legislative  assembly,  one 
staff  of  clerical  ofi&cers,  one  centralized  police  department, 
one  staff  of  law  officers  and  one  staff  of  finance  ofl&cers. 
There  would  then  be  no  such  thing  as  overlapping  juris- 
diction and  conflicts  of  authority,  certain  economies  could 


REFORM  OF  COUNTY   GOVERNMENT  305 

be  effected,  and  the  confusion  that  now  exists  could  largely 
be  done  away  with. 

City-County  Consolidation. — Such  an  arrangement 
would  bring  into  being  a  consolidated  city-county,  for  each 
city  subjected  to  such  reform  would  also  be  a  county.  A 
certain  very  few  such  combinations  do  now  exist.*  In  a 
somewhat  larger  number  of  cases  the  city  and  county  are 
coterminous  in  area.f  But  even  when  this  is  the  case  it  is 
customary  to  retain  the  two  separate  governmental  or- 
ganizations functioning  in  the  same  jurisdiction.  On  the 
other  hand,  there  is  a  very  large  number  of  cases  where  no 
attempt  has  been  made  to  improve  conditions  although  it 
is  ob\'ious  that  a  combination  of  the  two  areas  would  be 
highly  desirable. 

Problems  of  territorial  adjustment  arise  in  connection 
with  plans  to  make  county  and  city  jurisdictions  coter- 
minous when  the  boundaries  of  the  two  areas  are  not 
already  nearly  identical.  Thus  to  take  a  city  of  consider- 
able size  out  of  a  county  as  it  were,  and  to  make  of  it  a 
county  in  itself,  is  apt  to  leave  the  surrounding  rural  area 
completely  adrift.  To  leave  this  rural  area  organized 
alone  as  a  county,  without  including  the  city,  would  usually 
be  quite  out  of  the  question,  for  the  remaining  area  is 
likely  not  to  be  sufficiently  populous  or  wealthy  to  justify 
its  remaining  alone  as  a  county,  to  say  nothing  of  other 
considerations.  And  to  attach  such  rural  area  to  neigh- 
boring counties  might  involve  the  readjustment  of  county 
lines  to  an  extent  that  is  not  desirable. 

These  distinctly  practical  considerations  often  stand  in 
the  way  of  accomplishing  the  reform  of  consolidation,  ex- 
cept when  the  city  and  county  are  very  nearly  coterminous 
anyway.    Of  course  it  is  always  necessary  to  secure  a  special 

*  See  Documents  on  County  Government. 
t  This  is  the  case  with  the  cities  in  Virginia. 


3o6  COUNTY  AND  TOWNSHIP  GOVERNMENT 

charter  for  a  city  in  order  that  it  may  have  a  structure  of 
government  adequate  to  the  exercise  of  county  functions 
as  well  as  city  functions.  Several  such  charters  are  in 
existence  to-day  and  others  are  in  contemplation.* 

Whenever  such  a  consohdation  is  effected  the  county 
activities  are  necessarily  submerged  in  and  subordinated 
to  the  municipal  functions  and  activities.  The  problems 
involved  in  consolidation  do  therefore  fall  quite  fittingly 
within  the  field  of  municipal  government  rather  than  county 
government. 

*  See  Documents  on  County  Government,  particularly  CC — "City  and 
County  Consolidation  for  Los  Angeles." 


CHAPTER  XVI 
TOWNSHIPS  AND  COUNTY  DISTRICTS 

TOWNSHIPS 

Similarity  in  County  and  Township  Functions. — Vir- 
tually all  of  the  functions  of  local  government  which  are 
exercised  through  the  township  have  already  been  discussed 
in  connection  \vith  the  consideration  of  county  activities  in 
the  same  field.  Such  functions  as  assessment,  road  build- 
ing, and  poor  relief,  are  cases  in  point.  Whether  they  be 
exercised  through  the  county  or  the  township  they  are 
exercised  in  very  much  the  same  way  in  either  case,  and 
present  similar  problems.  It  is  unnecessary,  therefore,  to 
consider  these  functions  a  second  time.  Township  boards, 
clerks,  treasurers,  assessors,  collectors,  road  supervisors, 
school  officials,  and  poor-masters  do  exactly  the  same 
things  that  similar  officers  do  for  the  county.  It  only 
remains,  then,  to  consider  the  general  features  of  township 
organization. 

Townships  in  the  United  States. — In  turning  attention 
now  to  township  government  in  the  United  States  it  must 
be  remembered  that  in  over  half  of  the  states  no  townships 
are  to  be  found.  Townships  are  to  be  found,  at  least  in 
name,  in  the  following  twenty- two  states: 


307 


3o8 


COUNTY  AND  TOWNSHIP  GOVERNMENT 


Arkansas 

Missouri 

Ohio 

California 

*  Montana 

Oklahoma 

Illinois 

Nebraska 

Pennsylvania 

Indiana 

*  Nevada 

*  South  Carolina 

Iowa 

New  Jersey- 

South  Dakota 

Kansas 

New  York 

Wisconsin 

Michigan 

*  North  Carolina 

Minnesota 

North  Dakota 

In  Washington  and  some  of  the  other  western  states  the 
law  permits  the  organization  of  townships  but  they  do  not 
exist.  It  will  be  observed  that  most  of  the  twenty-two 
states  in  this  list  lie  in  a  great  central  belt  extending  from 
New  York,  New  Jersey  and  Pennsylvania  on  the  Atlantic 
coast,  through  to  and  including  Kansas  and  Nebraska. 
And  it  is  significant  that  in  the  states  lying  conspicuously 
outside  of  this  belt  the  township  is  nothing  but  a  county 
district,  not  possessing  the  characteristic  township  organ- 
ization and  functions.  This  is  true  of  townships  in  Cali- 
fornia, Montana,  Nevada,  North  Carolina,  and  South 
Carolina.  With  these  five  states  eliminated  there  are  left 
just  seventeen.  In  these  seventeen  states  the  township 
is  a  definitely  organized  area  of  local  government,  with  a 
structure  of  governmental  machinery  and  more  or  less 
important  functions  to  perform.  The  characteristic  features 
of  the  township  organization,  its  functions,  and  the  varia- 
tions in  type  to  be  found  among  these  seventeen  states 
must  be  examined. 

Origin  of  Townships. — In  New  York,  New  Jersey  and 
Pennsylvania  the  township  emerged  spontaneously  in 
very  much  the  same  way  that  New  England  towns  emerged; 
and  it  was  expected  that  these  townships  would  exhibit 
the  same  elements  of  vitality  and  local  jealousy  that  char- 
acterized New  England  towns.    Why  this  did  not  happen 

*  Townships  are  nothing  more  than  county  districts  in  this  state. 


TOWNSHIPS  AND   COUNTY  DISTRICTS  309 

has  been  explained  in  Chapter  III.  However  the 
more  or  less  spontaneous  origin  of  townships  in  these 
states  accounts  for  their  irregular  shape  and  widely  vary- 
ing areas.  At  the  time  of  their  origin  they  bid  fair  to  be- 
come social,  economic,  and  political  units  growing  out  of  a 
natural  composition  of  forces.  Hence  the  irregular  bound- 
aries. 

Elsewhere  the  township  has  been  for  the  most  part  arti- 
ficial, and  the  boundaries  are  usually  square,  averaging 
six  miles  each  way.  Efforts  were  made  by  the  national 
government  in  1785  and  1787  *  to  stimulate  a  sense  of 
unity  and  a  desire  for  self-government  in  these  small 
areas,  and  the  state  governments  followed  up  these  efTorts. 
For  the  most  part  the  old  congressional  townships  were 
accepted  and  the  civil  townships  were  made  coterminous 
with  them.t  In  some  states  county  boards  are  competent 
to  alter  township  lines,  but  sometimes  only  following  a 
favorable  referendum  on  the  question  among  the  people 
involved. 

Machinery  of  government  was  created  and  the  inhabi- 
tants literally  invited  and  urged  to  govern  themselves 
through  political  institutions.  But  the  township  was 
destined  never  to  possess  very  much  vitality.  Artificial 
stimuli  have  kept  the  machinery  in  existence,  but  the 
township  as  a  unit  of  self-government  is  still  declining, 
and  even  in  those  seventeen  states  where  it  does  exist  it  is 
unable  to  command  the  vigorous  interest  of  the  people. 

Closely  to  be  associated  with  this  situation  arc  two 
outstanding  facts  that  have  already  been  discussed.  First — 
It  is  the  custom  for  communities  to  organize  as  petty 
muncipalities,  thus  taking  the  heart  out  of  what  otherwise 
might  be  thriving  townships,  very  similar  to  New  Eng- 

*  See  page  56. 
t  See  page  56. 


3IO  COUNTY  AND  TOWNSHIP  GOVERNMENT 

land  towns.  Second — The  county  organization  is  always 
adequate  and  ready  to  take  over  all  the  township  functions 
whenever  public  opinion  is  ready  to  have  this  done.  Thus 
the  township  is  between  two  forces,  both  of  which  are 
sapping  its  vitality.  Social  and  economic  forces  are  also 
at  work  to  the  same  end. 

Municipalities  and  Townships.— Municipalities,  large 
or  small,  cities,  villages,  or  boroughs,  may  or  may  not  be  part 
of  the  township  in  which  they  are  found.  The  practice 
in  the  several  states  is  not  uniform  in  this  regard.  But  in 
either  event  the  municipality  is  organized  for  certain 
municipal  functions  independently  of  the  township;  and 
in  this  regard  the  township  is  always  to  be  differentiated 
from  the  New  England  town.  The  township  government 
does  not  exercise  municipal  functions,  thoujgh  it  does 
exercise  its  township  functions  within  the  boundaries  of  a 
municipality  except  in  those  states  where  municipalities 
are  entirely  separate  from  the  townships. 

Legal  Status  of  the  Township.— In  some  states  town- 
ships are  incorporated,  in  others  they  are  not,  but  usually  at 
least  are  quasi-corporations  enjoying  prerogatives,  powers 
and  liabilities  that  accompany  such  a  status.  In  those 
states  where  there  is  no  township  meeting  or  township 
board  but  merely  a  few  administrative  oflScers,  and  where 
the  township  is  nothing  but  a  county  district,  it  does  not 
possess  even  the  quasi-corporate  character. 

As  regards  internal  organization  even  greater  and  more 
confusing  variations  are  to  be  found  among  townships  in 
different  states  than  were  found  among  counties. 

Township  Meetings. — A  township  meeting  is  provided 
for  and  is  supposed  to  be  held  in  New  York  and  New  Jersey, 
the  birthplace  of  the  township,  and  in  certain  of  the  North- 
Central  states — Michigan,  Illinois,  Wisconsin,  Minnesota, 
the  two  Dakotas,  and  Nebraska.    In  the  remaining  states 


TOWNSHIPS  AND  COUNTY  DISTRICTS  311 

where  townships  are  found  there  is  no  township  meeting. 
The  township  meeting  was  intended  to  be  a  counterpart 
of  the  New  England  town  meeting.  The  fact  that  such 
meetings  were  provided  for  by  legislation  is  clear  evidence 
of  an  intention  to  do  all  that  could  be  done  to  stimulate 
the  development  of  institutions  of  local  self-government. 
All  citizens  who  are  voters  within  the  township  are  expected 
to  attend  the  meetings  which  assemble  annually  or  semi- 
annually. 

Functions. — The  meeting  has  the  full  power  of  the  town- 
ship as  a  corporate  entity,  it  is  the  township  as  a  corporation. 
The  chief  functions  of  a  to^vnship  meeting  are:  (i)  To 
determine  poUcies  as  regards  township  activities.  (2)  To 
make  appropriations.  (3)  To  determine  the  tax  rate. 
(4)  To  select  township  officers.  In  some  states  the  policies 
which  a  meeting  may  determine  have  become  so  few  and 
unimportant  as  to  be  neglected  altogether.  But  the 
poUcies  ordinarily  determined  have  to  do  with  poor  relief, 
road  building,  schools,  and  drainage  projects. 

Meetings  have  degenerated  to  such  an  extent,  however, 
that  with  the  exception  of  a  few  cases  in  New  York  and 
Wisconsin  not  more  than  a  mere  handful  of  citizens  appear.* 
Many  times  only  the  officers  attend.  They  do  the  busi- 
ness of  the  meeting  and  remain  in  office  a  great  many  years. 
So  it  has  come  to  be  that  the  township  meeting  is  nothing 
but  the  ghost  of  a  one-time  democratic  institution.  It 
commands  no  interest,  is  purely  artificial,  serves  no  im- 
portant purpose,  and  in  the  light  of  present-day  social  and 
economic  conditions  cannot  hope  to  be  revived.  The 
meeting  is  usually  an  institution  that  exists  in  addition 
to  the  township  machinery  such  as  is  found  in  those  states 
where  meetings  arc  not  held.  In  these  states  everything 
that  might  be  done  at  a  meeting  is  done  at  the  polls,  where 

*  J.  A.  Fairlie,  Local  Government  in  Counties ,  Towns  and  Villages,  p.  170. 


312  COUNTY  AND  TOWNSHIP  GOVERNMENT 

referenda  are  held  on  Important  policies,  and  officers  are 
elected.    Township  boards  do  all  the  rest. 

Township  Boards. — In  all  those  states  where  the  town- 
ship exists  as  anything  more  than  a  mere  county  district, 
a  township  board  is  to  be  found.  This  board  is  usually 
called  the  board  of  trustees,  though  sometimes  the  mem- 
bers are  known  as  supervisors.  There  are  two  distinct 
types  of  township  board.  One  is  the  ex-officio  board 
which  is  composed  of  the  township  officers  such  as  super- 
visor, clerk,  treasurer,  and  justices  of  the  peace  sitting 
together.  The  other  is  a  board  composed  of  officers  elected 
specifically  for  this  position.  This  type  of  board  is  or- 
dinarily composed  of  three  members.  It  is  found  in 
Indiana,  Iowa,  Minnesota,  Missouri,  the  Dakotas,  Ohio, 
Pennsylvania,  and  Wisconsin.  In  the  other  states  some 
type  of  ex-officio  board  is  to  be  found. 

Functions. — The  township  board  exercises  the  char- 
acteristic functions  of  determining  policies,  making  ap- 
propriations, and  fixing  a  tax  rate,  subject  to  the  limita- 
tions of  the  law.  In  some  states  the  township  board  also 
sits  as  a  board  of  review  to  equalize  tax  assessments.  It 
may  serve  as  a  school  board,  when  the  township  is  a  school 
district,  and  sometimes  as  a  local  board  of  health. 

One  Principal  Officer.— In  about  half  of  the  states 
where  townships  exist  there  is  to  be  found  one  outstand- 
ing principal  officer.  If  there  be  a  township  board  he  is 
a  member  of  it,  and  if  the  county  board  is  composed  of 
representatives  from  the  townships  he  is  the  person  who 
represents  his  township  on  the  county  board.  In  Illinois, 
Michigan,  and  New  York  he  is  known  as  a  supervisor, 
while  In  Indiana,  Kansas,  Missouri,  and  Oklahoma  he 
is  the  township  trustee.  In  Wisconsin  he  is  the  township 
chairman.  He  is  a  very  important  officer  in  those  town- 
ships which  do  not  have  a  board,  for  then  he  alone  deter- 


TOWNSHIPS  AND   COUNTY  DISTRICTS  313 

mines  policies  concerning  roads,  drainage  projects,  and 
other  matters.  But  in  any  event,  whether  he  is  checked 
by  a  township  board  or  not,  his  is  the  most  important 
oflBce  in  the  township  for  usually  there  is  combined  in 
him  the  functions  that  elsewhere  are  performed  by  separate 
officers.  Thus  he  may  be  clerk  and  treasurer  of  the  town- 
ship, and  possibly  the  assessor.  He  is  overseer  of  the 
poor  and  road  commissioner.  And  quite  frequently  he 
has  charge  of  school  matters. 

Other  Township  Officers. — In  those  townships  where 
there  is  no  such  officer  as  this  there  are  to  be  found  several 
independently  elected  officers  each  having  a  specific  func- 
tion to  perform.  There  is  the  township  clerk  who  keeps 
the  records  of  the  board  meetings  if  there  is  a  board.  He 
keeps  records,  statistics  and  maps  concerning  his  town- 
ship, records  which  show  the  highways  and  improvements, 
the  location  of  schools  and  other  institutions.  Indeed 
he  does  for  the  township  what  the  county  clerk  does  for 
the  county,  on  a  very  much  smaller  scale. 

The  finance  officers  of  a  township  are  a  treasurer  and 
an  assessor.  The  details  of  their  work  it  is  unnecessary 
to  examine  into,  as  the  subject  has  been  discussed  in  con- 
nection with  the  county  offices. 

There  is  also  likely  to  be  found  in  the  townships  an 
overseer  of  the  poor  and  a  road  commissioner,  if  there 
is  not  a  township  trustee  or  supervisor  to  perform  the 
functions  in  this  connection. 

Purposes  of  the  Township. — This  survey  of  township 
officers  gives  a  pretty  clear  hint  of  the  purposes  for  which 
the  township  ordinarily  exists.  It  will  be  recalled  that 
townships  and  counties  often  exist  for  some  identical  pur- 
poses and  that  when  this  is  the  case  the  township  is  per- 
mitted to  exercise  one  aspect  of  the  function  while  counties 
have  control  of  another.    Thus  counties  have  supervision 


314  COUNTY  AND  TOWNSHIP  GOVERNMENT 

over  certain  highways,  while  townships  control  the  rest; 
townships  administer  one  type  of  poor  relief,  counties 
another.  But  the  township  of  course  never  exists  for  as 
many  purposes  as  the  county  and  must  always  share  Its 
prerogatives  with  the  larger  area. 

There  are  four  outstanding  purposes  for  which  town- 
ships ordinarily  exist.  They  are:  poor  relief,  road  build- 
ing andimalntenance,  maintenance  of  drainage  systems, 
and  maintenance  of  schools.  Outdoor  poor  relief  Is  extended 
through  township  officers,  and  township  officers  are  or- 
dinarily competent  to  commit  destitute  persons  to  the 
county  poorhouse.  As  to  the  maintenance  of  roads  and 
bridges  township  officials  usually  have  charge  of  the  re- 
siduum of  highways,  that  Is,  all  that  are  not  taken  over 
by  county  or  state.  Improvements  are  made  on  these 
country  roads  by  the  township  to  whatever  extent  Is  pos- 
sible in  view  of  the  money  that  can  be  raised  for  the  pur- 
pose. Usually  this  means  only  dragging  and  scraping, 
more  extensive  Improvements  being  carried  on  by  the 
county.  The  erection  and  maintenance  of  drainage  sys- 
tems is  a  very  important  activity  of  township  officers  in 
some  sections,  and  Is  often  done  in  connection  with  road 
work.  Swamp  lands  are  drained,  the  courses  of  streams 
are  changed,  culverts  put  in  and  ditches  cut  to  protect 
the  roadbeds.  And  as  to  school  matters  they  are  not 
always  vested  in  the  care  of  the  regular  township  officers 
but  rather  in  the  hands  of  special  school  district  officials. 

Other  purposes  for  which  townships  exist  are:  the  assess- 
ment of  property  for  the  purposes  of  taxation,  the  ad- 
ministration of  the  election  machinery— townships  often 
being  precincts— and  the  administration  of  state  health 
and  sanitation  laws. 

Justices  of  the  Peace.— Finally  there  are  always  to  be 
found  In  the  township  one  or  more  justices  of  the  peace 


TOWNSHIPS  AND   COUNTY  DISTRICTS  315 

and  several  constables.  Thus  the  township  is  an  area  for 
the  administration  of  justice.  Justices  of  the  peace  have 
a  long  history  running  back  into  early  England.  They 
have  always  presided  over  courts  of  petty  jurisdiction. 
To-day  they  are  found  universally  in  the  United  States 
even  where  the  township  does  not  exist.  Usually  a  jus- 
tice of  the  peace  is  elected  for  a  short  term  and  is  not  re- 
quired to  possess  any  special  qualifications  for  his  office. 
His  court  has  jurisdiction  over  civil  and  criminal  cases 
and  he  usually  is  permitted  to  try  cases  arising  anywhere 
in  the  county,  even  though  he  be  elected  by  the  people  of 
a  single  township. 

Civil  Jurisdiction. — Civil  jurisdiction  is  usually  limited 
by  the  sum  of  money  involved,  as  two  or  three  hundred 
dollars,  and  justice  courts  do  not  usually  have  jurisdiction 
in  cases  involving  title  to  land.  Hence  they  are  largely 
concerned  with  petty  damage  cases,  controversies  arising 
out  of  wage  disputes,  collections,  and  controversies  in- 
volving wage  earners  and  small  tradesmen. 

Justice  courts  are  not  usually  courts  of  record  and  pro- 
ceedings are  often  more  or  less  informal,  not  to  say  ir- 
regular. Justices  are  quite  apt  to  be  ignorant  of  the  law 
and  not  infrequently  they  descend  to  absurd  and  un- 
dignified bickerings  with  attorneys  and  litigants.  Indeed 
the  average  justice  of  the  peace  cuts  a  rather  sorry  figure 
before  a  competent  lawyer,  and  justice  of  the  peace  courts 
have  been  objects  of  jest  and  ridicule  since  the  days  of 
Shakespeare. 

Appeal. — Cases  may  be  appealed  to  the  state  district 
or  county  court  unless  the  sum  involved  is  very  low.  But 
it  is  ordinarily  unprofitable  for  litigants  to  pursue  their 
petty  cases  further  than  the  justice  court  and  hence,  un- 
satisfactory as  they  are,  the  justice  courts  do  finally  dis- 
pose of  a  great  mass  of  minor  cases.     These  petty  courts 


3l6  COUNTY  AND  TOWNSHIP  GOVERNMENT 

are  one  of  the  sore  spots  in  the  American  system  of  judicial 
administration.  Bar  associations  and  students  of  the 
problem  are  at  work  constantly,  seeking  to  improve  condi- 
tions either  by  abolishing  the  justice  courts  or  in  some 
way  eradicating  the  grosser  abuses. 

Criminal  Jurisdiction. — As  regards  criminal  jurisdic- 
tion the  justice  of  the  peace  is  empowered  to  try  cases 
in  which  the  punishment  that  may  be  inflicted  does  not 
exceed  a  certain  minimum  fine  or  a  short  term  in  the  local 
jail.  Trials  are  conducted  with  or  without  a  jury,  de- 
pending upon  the  desires  of  the  defendant. 

Cases  of  too  serious  a  nature  to  permit  of  their  being 
heard  by  a  justice  of  the  peace  are  held  over  to  the  higher 
courts.  The  alleged  criminal  is  brought  before  the  justice 
of  the  peace  and  bound  over  to  the  grand  jury,  the  justice 
court  proceeding  being  conducted  merely  for  the  purpose 
of  inquiring  as  to  whether  the  accused  is  legally  held  or 
not.  Justices  of  the  peace  issue  warrants  for  the  arrest 
of  criminals  and  thus  are  Important  factor  In  the  whole 
machinery  of  justice. 

Other  Functions. — There  are  certain  other  functions 
performed  by  justices  of  the  peace.  They  perform  the 
marriage  ceremony,  they  administer  oaths  and  take 
acknowledgments;  and  oftentimes  these  are  the  only 
duties  they  care  to  perform  as  justices.  They  receive  fees 
for  the  various  services  they  perform,  and  many  of  them 
have  no  desire  to  conduct  trials.  This  Is  particularly 
true  In  urban  centers  that  remain  part  of  the  township 
in  which  they  are  located. 

It  has  already  been  noted  that  justices  of  the  peace  may 
sit  on  township  boards,  and  in  a  few  states  they  still  are 
members  of  the  county  board. 

Constables.— For  each  justice  court  there  is  a  constable. 
Hence  there  may  be  one  or  several  constables  in  a  town- 


TOWNSHIPS  AND   COUNTY  DISTRICTS  317 

ship.  The  constable  is  popularly  elected  and  is  paid 
chiefly  with  fees.  He  is  a  general  peace  ofl&cer,  but  al- 
though he  is  not  literally  a  subordinate  of  the  county 
sheriff  the  constable  is  usually  very  willing  to  relinquish 
his  responsibilities  as  a  peace  ofl&cer  to  the  sheriff  of  his 
county  and  devote  his  own  time  and  attention  to  acting 
as  an  executive  oflScer  for  a  justice  court.  It  may  be  said 
however  that  the  advent  of  the  automobile  has  served  to 
bring  many  rural  constables  out  of  their  obscurity  and 
to  afford  them  an  opportunity  to  arrest  speeders  as 
general  peace  oflficers.  But  for  the  most  part  the  con- 
stable is  concerned  with  executing  the  orders  of  the  justice 
court  to  which  he  is  attached,  serving  papers,  bringing 
in  witnesses,  and  being  present  at  the  justice  court  pro- 
ceedings. There  was  a  time  when  constables  were  re- 
sponsible for  the  care  of  prisoners,  but  to-day  prisoners 
are  held  in  county  jails  under  the  authority  of  the  sheriflf. 
Even  so  the  constable  is  responsible  for  his  prisoners  until 
he  has  turned  them  over  to  the  sheriff. 

Even  though  justices  of  the  peace  and  constables  are 
very  important  officers  in  the  structure  of  township  govern- 
ment they  are  not  to  be  identified  with  the  township 
organism  any  more  than  are  the  sheriff  and  the  public 
prosecutor  to  be  identified  with  the  county  organism.* 
The  justice  and  the  constable  are  quite  apart  from  the 
business  affairs  of  the  township, — poor  relief,  schools, 
and  highways, — unless  indeed  the  justices  are  members 
of  the  township  board.  And  the  fact  should  be  appreciated 
that  justices  and  constables  exist  whether  townships  do 
or  not. 

Township  Unnecessary.— On  the  whole  the  township 
has  ceased  to  be  a  necessary  institution  of  government. 
It  serves  no  important  purpose  that  cannot  be  more  con- 
*  Sec  page  165. 


3l8  COUNTY  AND  TOWNSHIP  GOVERNMENT 

veniently  and  effectively  served  through  other  agencies. 
The  mere  fact  that  no  townships  are  to  be  found  in  more 
than  half  of  the  states  is  eloquent  proof  of  this.  The 
four  purposes  which  were  emphasized  as  the  most  impor- 
tant ones  for  which  townships  exist  do  not  necessarily 
demand  the  existence  of  townships.  Poor  relief,  highways, 
drainage,  and  education  are  all  matters  that  could  be 
handled  to  better  advantage  through  county  machinery. 
Assessment  of  property,  administration  of  elections,  and 
enforcement  of  health  regulations  also  do  not  require  any 
machinery  besides  that  afforded  by  the  county.  It  will 
therefore  be  profitable  to  turn  for  a  moment  to  those 
states  which  have  no  townships  and  see  how  these  func- 
tions are  exercised  there. 

COUNTY  DISTRICTS 

Distinction  between  Township  and  County  District. 

— It  has  been  the  practice  in  these  states,  which  include 
most  of  those  in  the  South  and  West,  to  divide  the  counties 
into  special  districts  through  which  may  be  exercised  the 
functions  that  elsewhere  are  performed  through  instru- 
mentalities of  the  township.  These  districts  differ  very 
distinctly  from  townships,  however,  in  that  they  ordinarily 
do  not  possess  any  of  the  governmental  machinery  and 
powers  that  go  with  real  local  self-government.  That  is, 
they  do  not  have  political  machinery  through  which 
policies  can  be  determined,  tax  rates  imposed,  appropria- 
tions made,  and  governmental  activities  carried  on  more 
or  less  independently  of  other  areas  of  government.  Power 
to  do  such  things  is  the  essence  of  local  seK-government 
and  ordinarily  is  possessed,  to  a  certain  extent  at  least, 
by  townships.  County  districts  do  not  have  these  pre- 
rogatives, and  in  the  few  cases  where  townships  do  not 


TOWNSHIPS  AND   COUNTY  DISTRICTS  319 

have  them  then  the  township  Is  in  effect  nothing  but  a 
county  district  masquerading  as  a  township. 

One  clear  exception  should  be  made  to  this  statement 
concerning  county  districts.  The  school  districts  may  be 
considered  one  kind  of  county  district,  and  the  school 
district  does  possess  some  of  the  prerogatives  of  local  self- 
government  in  that  through  machinery  of  its  own,  policies 
can  be  determined,  tax  rates  imposed,  appropriations 
made,  and  busmess  carried  on.  Other  county  districts, 
except  in  rare  cases,  cannot  do  these  things. 

Another  point  of  difference  between  the  county  district 
and  the  township  is  that  a  considerable  number  of  activities 
are  carried  on  through  the  township  while  a  county  dis- 
trict ordinarily  exists  for  only  one,  or  possibly  two  purposes. 
Thus,  through  the  township  such  activities  as  have  to  do 
with  poor  relief,  highway  construction,  and  assessment 
of  property  are  carried  on;  while  through  county  districts, 
such  as  road  districts,  drainage  districts,  and  election 
districts,  merely  the  one  function  indicated  by  the  name  is 
exercised.  These  districts  may  overlap  each  other  and 
thus  be  in  no  sense  coterminous. 

Types  of  District. — Thus,  also,  in  those  states  where 
there  are  no  townships  several  different  kinds  of  county 
districts  are  hkely  to  be  found.  Of  chief  importance  are 
the  school  districts  which  already  have  been  discussed. 
There  are  also  supervisor  and  commissioner  districts. 
These  are  districts  from  which  members  of  the  county 
board  are  elected.  The  supervisor  or  commissioner  may 
have  special  functions  within  his  district,  serving  as  overseer 
of  the  poor  or  road  commissioner.  In  some  states  there  are 
magisterial  districts  in  which  members  of  the  county 
board  may  be  elected,  as  in  Virginia;  and  they  may  be 
used  for  other  i)uqx)ses  as  well,  serving  as  areas  through 
which  property  may  be  assessed,  the  poor  relieved,  and 


320  COUNTY  AND  TOWNSHIP  GOVERNMENT 

highways  maintained.  In  other  cases  magisterial  districts 
are  merely  areas  in  which  justices  of  the  peace  and  con- 
stables are  elected  and  exercise  their  functions.  Some- 
times such  districts  are  called  justice's  precincts. 

Other  types  of  county  districts  are  assessment  districts, 
election  districts,  poor  districts,  road  districts,  drainage 
districts,  irrigation  districts,  sanitary  districts,  park  dis- 
tricts, and  forest  preserve  districts.  Of  course  not  all  of 
these  districts  are  to  be  found  in  any  one  county,  but  in 
some  of  the  more  populous  counties  most  of  them  can  be 
found,  and  sometimes  they  exist  even  in  addition  to  the 
townships.  Sometimes  a  few  of  them  are  coterminous, 
more  often  they  are  not.  For  the  most  part  these  districts 
are  created  by  the  county  boards,  sometimes  following 
upon  a  referendum  among  the  people  concerned. 

District  Officers. — The  ofhcers  functioning  within  these 
districts  may  be  appointed  by  the  county  board,  or  in 
rare  instances  by  state  authorities ;  or,  as  is  more  frequently 
the  case,  they  are  popularly  elected.  Thus  a  county  may 
be  divided  into  assessment  districts  and  an  assessor  is 
elected  or  appointed  to  function  in  each  district.  Counties 
must  always  be  divided  into  election  districts,  precincts, 
or  wards,  for  the  purpose  of  conducting  elections.  Some- 
times townships  are  precincts,  but  more  often  it  is  necessary 
to  make  the  precincts  smaller,  for  a  precinct  is  an  area 
accommodated  by  one  polling  place  and  necessarily  its 
size  is  limited,  and  determined  to  a  certain  extent  by  the 
density  of  population.  Election  officials  are  either  ex- 
officio  township  officers  or  are  specially  appointed  by 
county  authorities  such  as  the  clerk,  the  judge,  the  election 
commissioners,  or  the  county  board. 

Poor  districts  are  merely  areas  in  which  a  poor-relief 
officer  functions,  either  independently,  as  when  he  himself 
is  a  member  of  the  county  board,  or,  more  rarely,  he  is 


TOWNSHIPS  AND  COUNTY  DISTRICTS  321 

appointed  by  and  responsible  to  the  board.  Road  and 
drainage  districts  are  but  little  different  from  poor  dis- 
tricts except  in  that  officials  functioning  within  them  must 
either  exercise  considerable  discretion  and  determine 
policies  themselves  or  merely  act  in  accordance  with  the 
policies  determined  by  the  county  board.  The  latter  is 
more  likely  to  be  the  case,  though  in  some  states  road 
commissioners  are  popularly  elected  and  are  quite  inde- 
pendent of  higher  authorities.  Tax  rates  are  fixed  by  state 
law  ordinarily. 

Special  Problems. — Irrigation,  sanitary,  and  park  and 
forest  preserve  districts  are  exceedingly  rare;  but  their 
presence  calls  attention  to  a  governmental  problem  that 
is  not  always  easy  to  solve.  Oftentimes  it  is  desirable  to 
carry  out  a  project  covering  an  irregular  area  that  over- 
laps several  jurisdictions.  Thus  drainage  or  irrigating 
projects  must  often  embrace  several  townships  and  even 
cross  county  lines  to  be  successful.  In  such  cases  it  is 
almost  necessary  to  create  a  special  district  embracing 
exactly  the  area  involved  and  to  provide  for  appointed  or 
elected  officials  to  carry  out  the  one  project  within  their 
district.  This  practice  of  creating  special  districts  has 
developed  very  rapidly  indeed  in  recent  years. 

The  necessity  for  having  a  great  many  special  districts 
may  well  be  doubted.  The  tendency  to  create  them  for 
each  new  purpose  that  appears  indicates  a  desire  on  the 
part  of  legislatures  to  compromise  with  the  still  vigorous 
popular  demand  for  a  measure  of  local  self-government. 
If  it  were  not  for  this  demand  many  of  the  districts  could 
be  combined  or  abolished  and  all  of  the  officers  function- 
ing in  the  districts  that  did  remain  could  be  appointed 
by  the  county  board.  The  board  itself  could  determine  all 
policies,  fix  tax  rates,  and  make  appropriations.  These 
districts  would  then  be  pure  administrative  districts  such 


322  COUNTY  AND  TOWNSHIP  GOVERNMENT 

as  were  described  in  the  first  chapter  of  this  volume.  But 
public  opinion  is  very  slow  to  countenance  this,  and  hence 
appears  a  compromise  in  the  shape  of  a  special  district. 
These  special  districts,  created  in  the  spirit  of  compromise, 
grow  directly  out  of  the  popular  desire  for  local  self-govern- 
ment, and  a  firm  belief  in  administrative  decentralization. 
This  particular  type  of  compromise  cannot  endure.  The 
evils  that  grow  out  of  it  are  too  numerous.  And  when 
public  opinion  comes  to  a  realization  of  the  fact  that  this 
sort  of  a  compromise  does  not  preserve  the  real  essence  of 
democracy  it  will  give  way  in  favor  of  a  better  type  of 
governmental  organization.  A  much  more  suitable  sort 
of  compromise  between,  or  combination  of,  self-government 
and  centralized  administration,  would  involve  the  con- 
centration of  administrative  authority  in  the  county  board. 
Local  self-government  could  then  be  exercised  to  a  full 
enough  extent  through  the  county. 


CHAPTER  XVII 
SMALL  MUNICIPALITIES 

Classification  of  Small  Municipalities. — As  already  has 
been  pointed  out  the  phrase  "local  government"  has  no 
vety  exact  meaning.*  Relatively  speaking  the  government 
of  one  of  the  states  in  the  American  Union  could  be  con- 
sidered "local"  government;  and  the  government  of  cities 
is  "local"  government  just  as  truly  as  is  the  goveriunent 
of  counties.  But  simply  by  common  consent  the  practice 
has  developed  of  including  within  the  phrase  "local  govern- 
ment" all  areas  of  government  which  are  subordinate  to 
the  state,  with  the  exception  of  the  cities.  The  result 
has  been  that  small  governmental  areas  such  as  villages, 
boroughs,  and  towns,  have  generally  been  classed  with 
counties  and  townships  for  purposes  of  discussion.  Nearly 
all  writings  that  have  dealt  with  city  government  have 
ignored  the  villages,  boroughs,  and  towns — tacitly  assum- 
ing that  such  small  areas  fall  within  the  field  of  "local 
government."  And  writers  in  this^field,  few  as  they  have 
been,  have  accepted  the  classification  and  have  dealt  with 
these  small  areas  along  with  counties  and  with  town- 
ships. 

The  Census  Bureau. — The  Federal  Bureau  of  the  Census 
also  has  adopted  this  classification  and  in  its  grouping  of 
governmental  areas  has  placed  all  districts  embracing  less 
than  two  thousand  five  hundred  people  in  a  class  entitled 
rural,  thus  differentiating  them  from  cities,  and  lending 
color  to  the  very  general  assumption  that  in  most  essen- 

*  See  p. I. 
323 


324  COUNTY  AND  TOWNSHIP  GOVERNMENT 

tial  characteristics  they  are  more  closely  related  to  rural  areas 
such  as  townships,  than  to  cities. 

Villages,  Boroughs,  and  Towns  Are  Like  Small  Cities. — 
These  considerations  seem  to  require  at  least  a  brief  treat- 
ment of  villages,  boroughs,  and  towns  in  this  volume. 
It  should  be  clearly  understood  at  the  outset,  however, 
that  in  spite  of  precedents  to  the  contrary,  these  small 
areas  of  government  are  more  properly  classed  with  cities, 
than  with  counties  or  with  townships.  In  three  vitally 
essential  particulars  is  this  true: 

In  the  first  place  the  village,  borough,  or  town  is  like  a 
city  in  the  matter  of  legal  status.  This,  it  will  be  re- 
membered, would  mean  that  one  of  these  small  areas 
would  be  created  at  the  behest  of  the  people  who  are  to 
reside  within  its  proposed  boundaries,  rather  than  at  the 
desire  of  state  authorities.  Counties  and  townships,  on 
the  other  hand,  are  created  at  the  desire  of  state  authori- 
ties, although  local  referenda  may  be  required  in  con- 
nection with  changing  boundaries,  and  some  other  matters. 
Furthermore,  as  regards  legal  status,  the  village,  borough, 
or  town,  is  created  primarily  for  the  exercise  of  what  are 
known  as  municipal  functions.  These  may  be  exercised 
on  a  very  small  scale  to  be  sure,  but  they  are  exactly  the 
same  kind  of  functions  that  are  exercised  by  cities.  And 
finally,  the  village,  borough,  or  town,  like  the  city,  is  very 
seldom  used  as  an  instrumentaHty  of  the  state  government. 
This  is  so  because  as  a  general  thing  the  state  either  exer- 
cises its  functions  directly  through  agents  responsible  to 
state  authorities,  or  else  it  makes  use  of  counties,  townships 
and  administrative  districts  for  the  purposes  in  hand. 
Hence,  as  regards  legal  status  the  village,  borough,  and 
town  are  to  be  looked  upon  merely  as  small  municipalities. 
In  the  second  place  the  village,  borough,  or  town  is 
like  a  city  in  the  matter  of  governmental  structure  and 


SMALL  MUNICIPALITIES  325 

organization.  The  most  significant  facts  about  the  or- 
ganization of  counties  and  townships  are:  the  complete 
lack  of  a  chief  executive;  the  combination  of  executive, 
administrative,  and  legislative  functions  in  the  same  organ 
of  government ;  and  the  general  lack  of  unity  of  the  govern- 
mental structure.  The  city,  on  the  other  hand,  is  always 
possessed  of  a  chief  executive,  in  the  person  of  the  mayor; 
executive  and  administrative  functions  are  separate  from 
legislative  functions  and  the  latter  are  exercised  by  a 
clearly  defined  legislative  body,  usually  known  as  a  council; 
and  the  whole  governmental  structure  exhibits  a  con- 
siderable measure  of  unity,  with  a  cliief  executive  at  the 
head.  In  all  these  respects  the  village,  borough,  and  town 
very  closely  resemble  the  city,  and  may  be  looked  upon 
merely  as  small  municipalities. 

In  the  third  place  the  village,  borough,  or  town  is  like 
a  city  as  regards  the  functions  which  it  performs.  These 
small  areas  are  concerned  with  such  matters  as:  policing, 
and  the  enforcement  of  local  ordinances;  the  enactment  of 
local  ordinances  that  determine  rights,  obligations,  and 
conduct  in  civil  and  social  relationships;  fire  protection, 
the  maintenance  of  such  public  services  as  water  supply, 
light,  waste  disposal  and  sewerage;  paving  and  care  of 
streets;  the  preservation  of  pubUc  health  and  safety;  and 
the  maintenance  of  parks,  libraries,  and  playgrounds. 
These  are  municipal  functions  and  are  obviously  to  be 
differentiated  from  those  functions  which  are  ordinarily 
exercised  through  counties  and  townships.  They  are 
functions  which  it  becomes  necessary  to  exercise  chiefly  when 
relatively  large  numbers  of  people  live  together  in  a  rela- 
tively compact  community.  In  a  word,  these  functions 
grow  out  of  the  mere  physical  situation  created  by  com- 
paratively dense  population.  Other  functions,  those 
exercised  through  counties  and  townships,  are  but  sUghtly 


326  COUNTY  AND  TOWNSHIP  GOVERNMENT 

affected  by  the  factor  of  population.  And  since  the  village, 
borough,  and  town  exercise  these  municipal  functions, 
they  may  be  looked  upon  merely  as  small  municipalities. 

How  They  Differ  From  Cities.—But  while  they  are  in 
truth  but  small  municipalities  they  differ  from  cities  in  a 
few  respects— though  chiefly  in  degree.  For  instance,  their 
population  is  smaller,  for  the  law  usually  provides  that 
when  population  reaches  a  certain  point  the  community 
may  become  a  city,  and  usually  the  residents  are  eager 
to  take  advantage  of  this  opportunity.  Again,  the  govern- 
mental structure  of  the  village,  borough,  or  town,  while 
similar  to,  is  not  so  extensive  as  that  of  the  city.  The  city 
usually  possesses  a  larger  council,  and  has  more  officers. 
And  thirdly,  the  city  is  intrusted  with  greater  powers  than 
the  smaller  area,  it  can  do  more  things,  it  can  raise  larger 
sums  of  money,  and  has  greater  freedom  in  the  exercise 
of  its  municipal  functions. 

Emergence  of  Small  Municipalities.— The  circum- 
stances that  lead  usually  to  the  creation  of  a  village,  bor- 
ough, or  town  may  readily  be  imagined.  Population  gradu- 
ally precipitates  at  a  certain  spot.  A  variety  of  forces  induce 
people  to  build  their  habitations  close  together,  and  presently 
a  rather  small  area  comes  to  be  thickly  populated.  This 
simple  physical  fact  requires  new  activities  on  the  part  of 
government.  Of  course  it  is  impossible  to  say  just  exactly 
when  the  new  activities  must  be  undertaken.  Sometimes 
a  rather  thickly  populated  community  will  get  along  for 
years  without  enjoying  the  benefits  that  come  from  the 
exercise  of  municipal  functions  by  the  local  government; 
and  again,  very  small  groups  of  people  are  sometimes 
organized  for  municipal  purposes  even  before  it  really 
becomes  necessary.  However,  the  laws  of  the  respective 
states  must  determine  just  when  municipal  organization 
may  be  effected,  and  what  the  procedure  shall  be. 


SMALL  MUNICIPALITIES  327 

The  Practice  in  New  England. — The  laws  of  the  various 
states  on  this  question  are  by  no  means  uniform.  Nor 
is  it  possible  to  group  the  states  into  geographical  classes 
as  regards  their  law  upon  this  point.  The  New  England 
states  exhibit  the  greatest  uniformity.  In  these  states, 
as  already  has  been  pointed  out,  the  town  government 
undertakes  municipal  functions  when  it  becomes  necessary, 
and  thus  the  town  in  New  England  is  a  combined  town- 
ship and  small  municipality.  Township  functions  are 
exercised  for  the  entire  area,  and  municipal  functions 
are  exercised  for  the  thickly  populated  center  by  exactly 
the  same  governmental  organization.  The  town  govern- 
ment continues  to  exercise  these  combined  rural  and 
municipal  functions  until  such  time  as  the  population  in 
the  urban  center  becomes  so  dense  that  a  city  may  be 
created.  But  such  is  the  conservatism  of  New  Englanders 
that  population  in  a  small  area  may  reach  as  high  as 
twenty  thousand  before  town  government  is  abandoned. 

The  practice  in  New  England  very  clearly  illustrates 
the  problem  of  classifying  areas  of  "local"  government. 
The  Census  Bureau  explains  the  situation  as  follows: 
"The  Census  Bureau  classifies  as  urban  population  that 
residing  in  cities  and  other  incorporated  places  having 
two  thousand  five  hundred  inhabitants  or  more,  and  in 
towns  of  that  size  in  Massachusetts,  New  Hampshire, 
and  Rhode  Island.  In  most  sections  of  the  country  all 
or  practically  all  densely  populated  areas  having  two 
thousand  five  hundred  inhabitants  or  more  are  incor- 
porated separately  as  municipalities,  variously  known  as 
cities,  towns,  villages,  boroughs,  etc.  In  the  three  New 
England  states  just  named,  however,  this  is  not  the  case. 

"  In  Massachusetts  and  Rhode  Island  it  is  not  the  prac- 
tice— as  it  is  in  practically  all  the  other  states — to  incor- 
porate, as  separate  municipalities,  the  relatively  densely 


328  COUNTY  AND  TOWNSHIP  GOVERNMENT 

populated  portions  of  'towns'  (which  are  the  primary 
divisions  of  the  counties),  and  no  town  as  a  whole  is 
incorporated  as  a  municipality  until  it  attains  a  popula- 
tion greatly  in  excess  of  two  thousand  five  hundred.  In 
New  Hampshire  a  similar  condition  exists,  although 
there  are  in  the  state  two  incorporated  villages,  each  of 
which  has  fewer  than  two  thousand  five  hundred  inhabi- 
tants. For  this  reason  those  towns  having  two  thousand 
five  hundred  or  more  inhabitants  in  the  three  states  named 
are  treated  as  urban,  although  portions  of  their  area  are 
rural  in  character.  The  urban  areas  in  the  three  states  in 
question,  as  classified  by  the  census,  thus  contain  a  cer- 
tain number  of  inhabitants  who  in  other  sections  of  the 
country  would  be  segregated  as  rural.  Nevertheless,  in 
most  of  the  Massachusetts,  New  Hampshire,  and  Rhode 
Island  towns  having  two  thousand  five  hundred  inhabi- 
tants or  more  by  far  the  greater  part  of  the  population 
resides  within  the  more  densely  settled  areas,  so  that  the 
proportion  classed  as  urban,  considering  each  state  as 
a  whole,  is  not  greatly  exaggerated  by  the  practice 
adopted.  .  .  . 

"  Urban  population  being  thus  defined,  the  remainder 
of  the  county  is  classed  as  rural,  consisting  of  all  unincor- 
porated territory,  and  all  incorporated  places  having  fewer 
than  two  thousand  five  hundred  inhabitants,  except  in 
Massachusetts,  New  Hampshire,  and  Rhode  Island, 
where  it  consists  of  all  towns  under  two  thousand  five 
hundred."  * 

In  the  other  three  New  England  states,  Maine,  Ver- 
mont, and  Connecticut,  the  practice  of  creating  small 
municipalities  has  made  greater  inroads  upon  the  town 
system.  Thus  in  spite  of  the  existence  of  the  typical 
New  England  town,  villages  are  to  be  found  in  Maine 
*  Fourteenth  Census  of  the  United  States  (1920),  Vol.  I,  p.  43. 


SMALL  MUNICIPALITIES  329 

and  Vermont;  and  boroughs  are  to  be  found  in  Connecti- 
cut. 

Outside  New  England. — Outside  of  New  England,  on 
the  other  hand,  very  small  groups  of  people  are  permitted 
to  organize  small  municipalities  known  variously  as  vil- 
lages, boroughs,  and  to"\vns.  These  words  have  no  dis- 
tinctive significance  and  are  used  in  various  connections 
that  lend  some  confusion  to  a  consideration  of  the  areas 
to  which  they  are  applied.  The  popular  use  of  the  word 
town  has  been  discussed.*  The  word  village  is  used  to 
designate  a  group  of  habitations  which  may  or  may  not 
actually  constitute  a  small  municipaUty.  The  word 
borough  is  borrowed  directly  from  England  where  it  has 
been  appHed  to  small  municipalities  and  parliamentary 
constituencies.  It  is  not  widely  used  in  the  United 
States. 

Legal  Significance. — But  in  spite  of  the  careless  popular 
use  of  these  terms,  each  of  them,  in  one  state  or  another, 
does  have  a  very  distinct  legal  meaning,  and  is  applied 
to  the  smallest  of  municipal  corporations.  These  small 
municipal  corporations  are  essentially  similar,  and  hence 
the  various  names  applied  to  them  do  not  indicate  any 
important  differences  for  purposes  of  this  discussion. 

Sometimes  none  of  these  three  terms  are  used  and  the 
small  municipality  is  known  merely  as  a  city  of  the  lowest 
class.  When  this  is  the  case  the  terms  village  or  town 
have  no  legal  significance.  Thus  municipalities  of  the 
lowest  class  in  Pennsylvania  are  known  as  boroughs,  in 
New  York  they  are  villages,  in  Iowa  they  are  towns,  and 
in  Kansas  they  are  cities. 

Provisions  of  State  Law. — These  small  municipal  cor- 
porations are  provided  for  in  the  statutes  subject  to  what- 
ever constitutional  limitations  may  apply.     The  statutes 

*  See  p.  25. 


33©  COUNTY  AND  TOWNSHIP  GOVERNMENT 

are  likely  to  provide  that  a  municipality  shall  be  organized 
only  when  the  people  who  are  to  be  within  it  express  their 
desire  for  such  an  organization.  This  desire  is  usually 
expressed  through  a  petition  signed  by  a  certain  number 
of  inhabitants  and  submitted  to  the  proper  authority. 
The  only  other  requirements  that  usually  apply  have  to 
do  with  area  and  population.  Thus  it  might  be  provided 
in  the  law  that  a  village,  borough,  or  town  may  be  created 
in  case  a  certain  minimum  population  is  to  be  found 
within  a  certain  maximum  area.  These  hmits  are  usually 
very  liberal.  Thus  it  may  be  that  if  one  or  two  hundred 
people  Hve  within  one  or  two  square  miles,  they  may 
organize  a  small  municipality.  In  some  states  indeed, 
no  limits  at  all  are  set. 

Procedure  for  Incorporation. — The  procedure  is  simple. 
Persons  who  are  interested  secure  a  sufficient  number  of 
signatures  to  a  petition  requesting  that  a  village,  borough, 
or  town  be  organized.  This  petition  is  then  submitted 
either  to  the  local  court  of  general  jurisdiction,  or  to  the 
county  board,  or  possibly  to  the  township  trustees.  The 
authorities  to  whom  the  petition  has  been  submitted  then 
proceed  to  order  an  election  to  be  held  for  the  purpose  of 
giving  the  residents  an  opportunity  to  vote  on  the  ques- 
tion.* If  the  result  of  this  referendum  is  favorable,  an- 
other election  is  immediately  held  for  the  purpose  of 
selecting  officers  to  function  for  the  new  unit  of  govern- 
ment. 

The  officers  which  shall  be  chosen  are  provided  for  in 
a  law  of  general  application,  in  most  of  the  states.  It 
formerly  was  the  custom  to  create  these  small  municipal- 
ities by  special  acts  of  the  legislature, — in  which  the  or- 
ganization, powers  and  functions  of  the  village,  borough, 
or  town  would  be  prescribed.  This  was  also  the  practice 
*  In  a  very  few  states  this  referendum  is  not  held. 


SMALL  MUNICIPALITIES  33 1 

w^th  regard  to  cities.  But  such  great  abuses  grew  up  in 
this  connection  that  at  the  present  time  state  constitu- 
tions very  generally  forbid  the  legislature  to  create  such 
pubhc  corporations  by  special  acts.  The  general  act, — 
one  which  shall  apply  to  all  cases  of  a  similar  nature — 
determines  the  procedure  for  creating  the  small  munici- 
pality; it  determines  the  officers  and  institutions  which 
the  municipality  may  possess,  and  it  also  defines  its  powers, 
functions,  and  obhgations.  This  means  that  all  the  small 
municipalities  will  be  alike  in  these  particulars. 

Internal  Organization  of  a  Small  Municipality. — The 
organization  provided  for  is  essentially  the  same  in  all 
the  states.  A  chief  executive  is  the  principal  officer  and 
his  title  is  likely  to  be  "president"  if  the  new  area  be  a 
village,  and  "mayor"  if  it  be  a  tov/n.  This  officer  is 
popularly  elected.  There  is  also  provided  a  council  of 
some  sort.  The  council  is  composed  of  from  three  to 
seven,  or  even  nine  members  popularly  elected  at  large. 
This  assembly  may  be  called  the  council  or  the  board  of 
trustees.  Other  officers  are:  a  clerk  and  a  treasurer.  It 
is  the  custom  to  elect  these  officers.  Certain  other  officers 
may  be  appointed  by  the  chief  executive.  There  is  likely 
to  be  some  officer  concerned  with  streets,  such  as  a  street 
commissioner,  there  may  also  be  an  attorney  or  solicitor, 
and  there  is  also  a  chief  police  officer  often  called  the 
town  or  village  marshal. 

In  case  the  newly  created  small  municipality  is  to  exer- 
cise township  or  county  district  functions  as  well  as  the 
new  municipal  functions,  then  it  is  necessary  to  have  more 
officers  to  exercise  them.  Thus  an  assessor,  justices  of 
the  peace,  and  constables  may  be  elected,  and  they  carry 
on  the  usual  township  functions  within  the  municipality, 
although  they  are  officers  of  the  latter  area.  In  many 
of  the  states,  however,  the  county,  township  or  county 


332  COUNTY  AND  TOWNSHIP  GOVERNMENT 

district  officers  carry  on  their  functions  within  the  small 
municipalities  as  well  as  in  the  rural  areas. 

Its  Corporate  Character. — As  soon  as  all  the  ofl&cers 
have  been  selected  and  have  assumed  their  duties  the 
village,  borough,  or  town  comes  into  existence  as  a  munici- 
pal corporation  of  the  lowest  class.  And  as  a  public 
corporation  of  this  character  it  possesses  all  the  qualities 
and  the  legal  status  discussed  elsewhere  in  this  volume 
as  appertaining  to  such  corporations.*  It  can  sue  and 
be  sued,  it  can  buy  and  sell  property,  it  can  enter  into 
contracts,  and  it  can  employ  and  discharge  employees, — 
all  in  the  furtherance  of  its  governmental  functions. 

Reorganization  as  Cities. — Provision  is  made  in  the 
law  whereby  these  small  municipalities  may  finally  be- 
come cities.  In  a  few  states,  such  as  Kansas,  as  already 
has  been  pointed  out,  small  municipalities  are  known 
simply  as  cities  of  the  lowest  class  and  the  terms  village, 
borough,  and  town  are  not  used.  But  ordinarily  the 
term  city  is  not  applied  until  the  population  has  reached 
a  higher  point. 

Municipal  corporations  may  be  classified  on  the  basis 
of  population.  Thus,  for  instance,  all  municipal  corpora- 
tions wherein  the  population  is  less  than  two  thousand 
may  be  called  towns,  or  villages,  and  possess  a  certain 
type  of  organization.  When  the  population  exceeds  two 
thousand  and  has  not  attained  to  fifteen  thousand  the 
town  or  village  may  become  a  city  of  the  second  class 
and  be  reorganized.  When  the  population  exceeds  fifteen 
thousand  the  city  of  the  second  class  may  be  reorganized 
again  and  become  a  city  of  the  first  class.  At  each  step 
the  structure  becomes  larger,  more  councilmen  appear, 
they  are  chosen  by  wards  instead  of  at  large,  more  ofl&cers 
are  provided  for,  and  the  city  is  given  a  larger  measure 

■^  See  p.89. 


SMALL  MUNICIPALITIES  333 

of  power  and  a  broader  scope  for  its  activities.  Municipal- 
ities do  not  pass  automatically  from  one  class  to  another 
as  soon  as  population  reaches  the  necessary  point.  A 
petition  must  be  circulated  and  the  inhabitants  must 
seek  reorganization  on  their  own  initiative.  Frequently 
this  is  not  done  until  long  after  population  is  great  enough 
to  justify  it. 

Functions  of  the  Small  Municipality. — But  so  long  as 
a  small  municipality  remains  in  the  lowest  class  it  must 
be  content  with  very  meager  municipal  functions.  The 
council  is  empowered  to  pass  some  ordinances  regulating 
the  life  of  the  community,  and  to  take  steps  for  the  pur- 
pose of  promoting  safety  and  public  health.  Petty  police 
regulations  are  enacted — traffic  regulations,  ordinances 
concerning  the  suppression  of  nuisances,  and  other  such 
matters.  These  are  all  enforced  by  the  police  ofhcer  and 
his  aides  who  are  directly  responsible  to  the  president  or 
mayor.  Indeed  that  official  himself  has  the  full  powers 
of  a  peace  officer. 

Duties  of  Council. — The  council  is  furthermore  charged 
with  the  responsibility  of  determining  policies.  In  a  few 
states  town  or  village  meetings  are  held,  in  imitation  of 
the  New  England  town  meeting.  But  this  is  not  usual, 
and  so  the  council  becomes  the  policy-determining  organ 
of  the  government.  The  municipality  is  organized  for 
the  purpose  of  engaging  in  the  activities  demanded  by 
the  increased  population,  and  it  is  for  the  council  to  deter- 
mine just  what  shall  be  done.  Thus  the  council  may 
decide  to  pave  a  street  and  to  lay  some  sidewalks.  It  may 
decide  to  build  a  pumping  station  and  to  provide  some 
kind  of  water  supply  for  the  townspeople.  And  when 
the  town  becomes  sufficiently  populous  the  council  may 
decide  to  construct  a  sewer  system  and  waste  disposal 
plant.     A  fire  department  may  be  organized  on  a  small 


334  COUNTY  AND  TOWNSmP  GOVERNMENT 

scale,  a  chief  is  appointed,  equipment  is  purchased,  and 
firemen  are  employed  either  on  part  time,  full  time,  or 
merely  subject  to  call. 

As  the  town  grows  and  public  opinion  demands  better 
things,  gas  or  electric  light  service  may  be  provided  for  by 
the  council.  Sometimes  the  municipality  engages  in  the 
undertaking  directly,  other  times  private  companies  are 
granted  franchises  subject  to  the  terms  of  the  law.  Service 
of  this  sort  always  Is  afforded  in  cities  of  any  consequence, 
and  people  in  the  rural  districts  are  Impatient  for  the  same 
conveniences.  Following  close  upon  the  heels  of  such 
services  comes  the  telephone,  if  It  has  not  gone  before. 
Large  companies  In  neighboring  cities  can  usually  extend 
this  service,  and  the  authorities  In  the  small  municipality 
are  seldom  burdened  with  much  responsibility  in  the  matter. 

The  council  will  decide  upon  the  feasibility  of  providing 
libraries,  parks  and  playgrounds.  It  can  be  done  In  a 
very  modest,  inexpensive  way,  and  yet  this  is  just  the  sort 
of  thing  for  which  people  seek  Incorporation  into  small 
municipalities.  A  single  room  with  a  few  score  volumes 
presided  over  by  a  woman  for  a  few  hours  each  day  is  In 
striking  contrast  to  our  vast  metropolitan  libraries.  Yet 
in  its  essence  the  service  is  the  same.  A  vacant  lot  pro- 
vided by  the  town  council,  where  the  local  baad  can  render 
weekly  concerts,  and  where  the  local  ball  team  can  meet 
its  rivals.  Is  a  far  cry  from  New  York's  Grand  Central  Park; 
and  yet  great  things  must  spring  from  small  beginnings. 

Embarking  upon  these  undertakings,  inconsequential 
though  they  may  seem  to  be,  marks  the  transition  from 
distinctly  rural  government  to  municipal  government. 
Township  organization  is  not  suited  to  the  performance  of 
such  municipal  functions,  and  hence  appears  the  irresistible 
tendency  to  create  the  small  municipalities,  which  every- 
where are  taking  the  very  heart  out  of  the  townships. 


SMALL  MUNICIPALITIES  335 

Fixing  Tax  Rates. — Naturally  these  undertakings  re- 
quire a  much  larger  expenditure  of  money  than  would  be 
necessary  without  them.  The  town  council  makes  all  the 
appropriations  for  these  various  services  and  is  intrusted 
with  the  important  responsibility  of  fixing  a  tax  rate.  In 
this  matter  the  council  is  usually  confined  by  very  strict 
limits  imposed  by  the  legislature.  The  council  may  not 
be  permitted  to  go  into  debt  beyond  a  certain  sum.  It 
may  not  be  permitted  to  impose  a  tax  rate  that  is  larger 
than  a  certain  fixed  maximum  ratio  to  assessed  values. 
Very  specific  limits  may  be  fixed  to  the  rates  which  may 
be  applied  for  specific  purposes.  Thus  so  much  may  be 
allowed  for  parks,  so  much  for  the  maintenance  of  ceme- 
teries; and  other  matters  are  dealt  with  in  the  same  way. 
But  subject  to  these  limitations  the  town  council  determines 
the  tax  rates  necessary  to  finance  town  undertakings. 

Duties  of  Chief  Executive. — The  mayor  or  president,  as 
chief  executive,  is  charged  with  the  enforcement  of  all 
ordinances,  and  assumes  supervision  of  the  administration. 
And  in  accordance  with  the  custom  that  prevails  in  a  large 
majority  of  American  cities  he  presides  at  the  meetings  of 
the  council  and  may  cast  a  deciding  vote  in  case  of  tie. 
He  appoints  various  officers  provided  for  in  the  statutes, 
or  by  ordinance  passed  in  council  meeting.  Naturally  he 
has  a  large  measure  of  control  over  these  persons  and  is 
in  a  position  to  supervise  the  work  which  they  carry  on. 

It  is  customary  also  for  the  chief  executive  in  the  small 
municipalities  of  some  states  to  preside  in  a  police  court. 
Other  times,  however,  a  police  magistrate  is  appointed  to 
perform  this  function.  The  jurisdiction  of  such  a  court  is 
very  similar  to  the  jurisdiction  of  a  township  justice  of  the 
peace  court.  Petty  offenders  against  the  law,  and  those 
who  have  violated  local  ordinances,  are  brought  before 
the  magistrate  or  chief  executive.    He  conducts  a  hearing 


336  COUNTY  AND  TOWNSHIP  GOVERNMENT 

and  may  impose  penalties  of  a  minor  nature — small  fines 
and  short  sentences  In  jail.  Appeals  may  be  carried  to 
the  courts  of  general  jurisdiction;  and  offenders  who  are 
charged  with  offenses  too  serious  to  be  heard  in  these  petty 
courts  are  bound  over  to  the  grand  jury.  When  petty 
municipal  courts  of  this  nature  exist  the  justices  of  the 
peace  who  have  jurisdiction  in  the  same  area  are  likely  to 
concern  themselves  chiefly  with  civil  cases  and  non-judicial 
work. 

Duties  of  Other  Officers. — The  functions  of  the  other 
officers  who  ordinarily  are  found  In  a  small  municipality 
can  be  considered  very  briefly.  Their  titles  give  a  clear 
indication  of  their  functions.  The  clerk  keeps  a  record 
of  the  council  proceedings  and  does  all  the  clerical  work 
for  that  body.  In  the  absence  of  an  auditor  he  has  the 
important  duty  of  drawing  warrants  upon  the  treasurer. 
He  also  keeps  all  records  which  the  council  may  require 
of  him  or  which  may  be  required  by  statute.  He  issues 
licenses  that  are  authorized  by  the  council.  These  may  be 
Issued  to  those  who  operate  billiard  halls,  hotels  or  eating 
places,  to  peddlers,  itinerant  merchants,  and  other  such 
persons. 

The  principal  function  of  the  treasurer  is  to  have  cus- 
tody of  the  funds,  and  to  collect  them.  When  the  munici- 
pality serves  as  the  area  through  which  taxes  are  collected, 
the  ofl&ce  of  treasurer  assumes  greater  Importance.  He 
disburses  funds  on  authority  of  warrants  signed  by  the 
clerk. 

The  duties  of  the  police  chief  or  marshal,  and  the  police 
magistrate,  if  there  be  one,  have  already  been  touched 
upon.  The  street  commissioner  Is  In  eft'ect  the  agent  of 
the  town  council  and  takes  direct  supervision  of  the  streets 
and  bridges.  Policies  in  this  connection  are  of  course 
determined  by  the  council.     The  solicitor  is  an  attorney 


SMALL  MUNICIPALITIES  337 

whose  business  It  Is  to  give  advice  to  the  town  officers  and 
to  represent  the  town  In  Its  corporate  capacity.  A  solicitor 
Is  not  always  to  be  found  In  these  small  municipalities  of 
the  lowest  grade. 

Schools. — School  administration  has  already  been  dis- 
cussed in  this  volume.*  But  the  question  may  arise:  How 
does  the  small  municipality  fit  into  the  school  system? 
This  can  be  answered  by  saying  that  usually  the  small 
municipality  Is  In  Itself  a  school  district.  This  Is  very 
generally  the  practice  in  those  states  where  the  school 
district  system  has  been  worked  out.  In  other  states  the 
small  municipality  has  power  to  create  and  maintain 
schools  if  it  desires  to  do  so,  largely  independent  of  any 
external  control.  The  chief  point  to  bear  in  mind  In  this 
connection  is  that  village  or  town  schools  are  not  ordinarily 
subject  to  township  or  county  authorities. 

In  any  event  the  machinery  for  the  administration  of 
the  schools  Is  separated  more  or  less  from  the  machinery 
for  civil  government.  The  town  council  does  not  function 
as  a  school  board  and  does  not  exercise  direct  control  over 
the  schools — as  selectmen  did  in  early  New  England  towns. 
On  the  other  hand,  a  small  board  of  directors  or  trustees  Is 
selected  and  this  group  functions  as  a  school  board.  In 
some  cases  they  are  popularly  elected,  and  In  other  cases 
they  are  appointed  by  the  mayor  or  president. 

The  custom  has  not  altogether  disappeared  of  holding 
school  district  meetings  at  which  school  officers  are  selected 
and  the  Important  policies  determined.  But  It  should  be 
clearly  understood  that  such  meetings  are  not  town  meet- 
ings but  merely  school  district  meetings.  The  area  of  the 
school  district  is  made  coterminous  with  that  of  the  town 
Itself,  merely  lor  convenience.  The  school  district  is  a 
distinct  entity  with  machinery  of  its  own  and  officers 
♦See  Chapter  XIll. 


338  COUNTY  AND  TOWNSHIP  GOVERNMENT 

of    its    own,    for    the   purpose    of    carrying   on   its    own 
business. 

The  town  or  village  school  board  performs  exactly  the 
same  functions  as  the  school  boards  perform  for  other 
school  districts,  subject  to  the  provisions  of  the  state  law. 
If  the  small  municipality  is  permitted  to  have  a  superin- 
tendent of  its  own,  then  practically  there  is  no  relation 
at  all  between  the  town  or  village  schools  and  the  county 
authorities.  Otherwise  the  county  superintendent  has  the 
usual  power  of  supervision  over  the  village  schools  as  well 
as  those  of  the  distinctly  rural  districts. 

Metropolitan  Suburbs.— In  concluding  this  discussion  of 
small  municipalities  at  least  a  word  ought  to  be  said  about 
the  little  suburbs  that  cluster  on  the  outskirts  of  the  great 
cities.  In  legal  contemplation  they  are  no  different  from 
the  other  small  municipalities  that  have  been  under  con- 
sideration. They  are  organized  as  villages,  boroughs,  or 
towns.  And  yet  to  the  casual  observer  they  are  very 
different  indeed  from  the  little  towns  and  villages  which 
are  isolated  somewhere  out  upon  the  plains.  These  suburbs 
are  so  close  to  the  city  that  one  is  not  conscious  of  crossing 
the  boundaries  that  divide  them  from  it.  A  street  may  be 
the  boundary,  and  a  person  driving  about  in  a  great  city 
may  pass  through  a  dozen  separate  and  distinct  munici- 
pahties  without  being  aware  of  the  fact  that  he  has  been 
outside  the  boundaries  of  the  metropolis  itself. 

The  Census  Bureau  on  Suburbs. — The  Census  Bureau 
presents  the  situation  thus:  "In  presenting  population 
statistics  for  cities  the  Bureau  of  the  Census  must  neces- 
sarily deal  with  them  as  political  units,  showing  for  each 
city  the  population  actually  residing  within  its  municipal 
boundaries.  In  many  cases,  however,  the  number  of  in- 
habitants enumerated  within  the  municipal  boundaries 
gives  an  inadequate  idea  of  the  population  grouped  about 


SMALL  MUNICIPALITIES  339 

one  urban  center.  In  fact,  In  only  a  few  of  the  large  cities 
do  the  municipal  boundaries  closely  define  the  urban  area. 
Immediately  beyond  the  political  limits  of  many  cities, 
and  connected  with  them  by  rapid  transportation  systems, 
are  densely  populated  suburban  districts  which  Industrially 
and  socially  are  parts  of  the  cities  themselves,  differing 
only  in  the  matter  of  governmental  organization."  * 

There  are  listed  In  the  census  report  thirty-two  cities 
which  are  surrounded  with  what  Is  called  a  ''metropolitan 
district,"  that  Is  an  area  within  ten  miles  of  the  city  limits 
proper,  which  is  composed  of  contiguous  villages  and 
towns.  Thus  In  the  metropolitan  district  of  Chicago  are 
to  be  found  nearly  one  hundred  separate  and  distinct 
villages,  to  say  nothing  of  a  number  of  cities. 

Thus  It  is  that  these  suburban  towns  and  villages  have 
a  character  all  their  own.  They  have  their  mayors  or 
presidents,  they  have  their  councils,  their  marshals  and 
police  magistrates,  they  possess  municipal  status  and 
enjoy  the  same  powers  and  have  the  same  responsibilities 
as  rural  towns  and  villages.  And  yet  they  seem  like  a 
part  of  a  great  city. 

This  situation  does  of  course  very  materially  affect  the 
actual  activities  carried  on  through  the  town  or  village. 
Public  services  such  as  water,  gas  and  electric  light  are 
afforded  through  the  same  source  that  supplies  the  city. 
And  while  the  suburb  has  its  own  police  force  the  metropo- 
litan police  in  practice  do  extend  their  activities  into  the 
suburban  area.  The  same  is  true  of  fire  protection  service. 
Other  services,  such  as  waste  disposal,  may  be  exercised 
independently  or  in  cooperation  with  the  city. 

Absorption  of  Suburbs. — It  will  occur  to  anyone  to  ask 
why  such  suburbs  are  not  absorbed  and  actually  made 
part  of  the  great  city  itself.  This  is  possible,  usually  only 
*  Fourteenth  Census  of  United  States  (1920],  Vol.  I,  p.  62. 


340  COUNTY  AND  TOWNSHIP  GOVERNMENT 

with  the  consent  of  the  people  In  the  suburb,  however; 
and  it  is  done  from  time  to  time.  But  public  sentiment 
within  the  suburb  is  quite  apt  to  be  distinctly  opposed  to 
such  absorption.  The  reason  is  obvious.  If  the  suburb 
become  a  part  of  the  city  its  governmental  machinery  is 
swallowed  up  in  that  of  the  city  and  there  is  no  chance 
left  to  control  policies  locally.  But  more  important  than 
this  is  the  fact  that  city  tax  rates  are  apt  to  be  very  much 
higher  than  the  rates  applied  by  the  suburb,  and  residents 
are  unwilling  to  assume  a  part  of  the  burden  of  maintaining 
the  great  city.  The  chief  argument  in  favor  of  absorption 
lies  in  the  possibility  of  greater  centralization  of  public 
service  agencies.  Hence  it  Is  likely  to  be  the  case  that  those 
who  pay  taxes  and  who  take  a  personal  interest  In  the 
management  of  local  affairs  will  be  found  to  oppose 
absorption,  while  others  exhibit  considerable  indifference 
toward  the  question. 

Broad  Range  in  Character  of  Small  Municipalities.— 
Strangely  enough  this  brief  treatment  of  local  government 
in  towns  and  villages  has  led  from  the  most  remote,  iso- 
lated, tiny  and  Insignificant  political  areas  to  the  most 
highly  developed,  wealthy  and  exclusive  communities  to 
be  found  in  the  length  and  breadth  of  the  land.  Surely 
this  is  rather  significant  evidence  that  existing  types  of 
government  in  the  small  municipalities  have  proved  to  be 
fairly  satisfactory  instruments  of  democracy. 


INDEX 


Abstracts  of  title,  making  of,  i6o 

Accident,  verdict  of  death  by,  184 

Administrative  decentralisation,  rea- 
sons for,  14;  results  of,  14,  15; 
belief  in,  87 

Administrative  districts,  descrip- 
tion of,  8-15;  duties  of  officers 
of,  9;  status  of,  in  America,  9,  10, 
II,  16;  townships  and  counties 
as,  18,  19,  20,  49,  109,  no,  III, 
112;  arbitrary  creation  of,  21; 
status  of,  as  corporations,  89 

Aged,  farming  out  of,  for  poor  relief, 
248 

Agricultural  statistics,  report  on,  153 

Alabama,  type  of  local  government 
in,  60;  county  board  in,  71 

Almshouses,  reports  of,  153;  officers 
in  charge  of,  246,  263 

Appropriations,  vote  of  county 
board  on,  116 

Areas  for  local  self-government  (see 
Local    self-government    areas) 

Arizona,  type  of  local  government 
in,  60,  71,  72;  state  police  or- 
ganized   by,    177 

Arkansas,  type  of  local  government 
in,  63;  type  of  county  board  in, 
71;  townships  in,  308. 

Assessment  districts,  purpose  of, 
320;  officers  of,  320,  321 

Assessment  of  taxes,  better  machin- 
ery for,  105;  equalization  of,  132, 
^33,  234,  235,  312;  method  of, 
230,  231;  importance  of,  231;  re- 
view of,  231,  238;  theory  of,  231, 
232;  difTicuIties  of,  232,  233,  234, 
235;  abuses  in,  233,  234,  235;  area 
in  charge  of,  288,  289,  307,  319 

Assessor,  county,  duties  of,  104, 
105,  lof),  16s,  230,  231,  232,  233, 
297;  military  data  kept  by,  109; 
value  of  prf)perty  taken  from 
books  of,  148;  opposition  to, 
229;  status  of,  229,  230;  tax  rates 
6xed  by,  230,  231,  232,  233; 
difl&culties  of,  232,  233,  234,  235, 


236;  methods  of,  233,  234;  pos- 
sibility of  reform  in  office  of,  236, 
237;  advantages  of  appointment 
of,  237,  238,  297,  299;  relation  of, 
to  other  officers,  291,  299;  men- 
tion of,  293 
Assessor,  district,  appointment  of, 

320 
Assessor,  town,  office  of,  59,  331 
Assessor,  towmship,  duties  of,  104, 

105,  132,  133,  307,  313 
Assessors,  board  of,  duties  of,  50 
Attachments,  making  of,  on  lands, 

159 

Attorney,   city,  position   of,   331 

Attorney,  county  (see  Prosecutors, 
public) 

Attorney-general,  state,  failure  of 
sheriff  to  cooperate  with,  173; 
state  police  to  aid,  177;  relation  of, 
to  other  law  enforcing  agents, 
ig6,  197,  198;  appointment  of 
public  prosecutors  by,  200;  de- 
partment of  justice  in  charge  of, 
204 

Attorney-general,  United  States, 
law  enforcement  duties  of,  196 

Attorneys,  appointment  of,  as  coun- 
sel for  defence,  206,  207 

Auditing,  duty  of  state  to  do,  228, 
229 

Auditor,  county,  relation  of,  to 
county  board,  115,  117;  budget 
in  charge  of,  128,  129;  duties  of, 
138,  139,  140,  165,  214,  227,  228, 
296,  297;  selection  of,  161,  228, 
296;  tax  books  prepared  by,  214; 
warrants  signed  by,  217;  super- 
vision over,  228;  advantages  of 
state  authority  over,  228,  229; 
relation  of,  to  other  officers,  291, 
299;  mention  of,  293;  no  need  of, 
297 

Auditor,  deputy  county,  appoint- 
ment of,  1 26 

Australian  ballots,  use  of,  106;  prep- 
aration of,  149,  150 


341 


342 


INDEX 


Australian  Trooper  Police,  176 
Automobiles,   enforcement   of  laws 
concerning,  95;  demand  for  better 
roads  due   to,  103,   283;  use  of, 
by  criminals,  174,  175 

Bailiffs,  duty  of,  to  maintain  order, 
169 

"Bailiwick,"  sheriff's,  168 

Ballot  boxes,  provision  for,  133 

Ballots,  preparation  of,  106,  107, 
'^33)  i34»  149,  150;  variations  in, 
150,  151;  distribution  of,  151, 
152;  counting  of,  152;  preserva- 
tion  of,    152 

Bids,  advertising  for,  122,  123,  124 

Births,  records  of,  41,  47,  99,  157 

Blind,  census  of,  153 

Board  of  review,  service  of  county 
board  as,  132,  133;  mention  of, 
292;  no  need  of,  294;  function  of, 
294,  312  (see  also  Assessment  of 
taxes) 

Bodies,  corporate,  powers  of,  90 

Bodies,  politic,  status  of  counties 
and  townships  as,  90 

Bonds,  approval  of,  by  coimty 
boards,  133 

Boroughs,  status  of,  as  minor  areas 
of  government,  6,  323;  represen- 
tatives of,  35;  status  of,  as  cor- 
porations, 88,  89;  duty  of,  to 
provide  for  poor,  239,  240; 
relation  of,  to  townships,  310; 
similarity  of,  to  cities,  324,  325, 
326,  329;  organization  of,  325, 
326,  330;  functions  of,  325,  327, 
328,  329;  definition  of,  329;  in- 
corporation of,  330,  331,  332, 
333;  government  of,  331,  332; 
officers  of,  331,  339;  powers  of, 
332;  powers  of  councils  in,  333, 
334.  335;  status  of,  as  city  sub- 
urbs, 338,_  339,  340;  absorption 
of,  into  cities,  339,  340;  variations 
in, 340 

Bridges,  control  of  state  over,  9, 
34,  37;  building  of,  102,  120,  301; 
records  of,  119;  contracts  for, 
120;  maps  showing,  152;  tax 
rate  for,  230;  town  officers  in 
charge  of,  263;  location  of,  278 

Budget,  lack  of,  in  New  England 
towns,  33,  34;  selectmen  in 
charge  of,  40;  need  of,  in  counties. 


128,   129;  making  of,  297,  301; 

adoption   of,   300 
Buildings,  control  of  county  boards 

over,  119;  contracts  for,  120,  121, 

122;  supervision  of,  137 
Burial  certificates,  issuing  of,  157 

California,  status  of,  in  federal 
state,  3;  type  of  local  govern- 
ment in,  60,  71,  72;  importance 
of  counties  in,  91;  county  com- 
mission plan  in,  301 ;  townships  in, 
308 

Canadian  Northwest  Mounted  Po- 
lice, 176 

Candidate,  papers  filed  by,  149,  150 

Cemeteries,  record  of,  119;  maps 
showing,    152;   tax   for,   335 

Census  Bureau,  Federal,  classifi- 
cation of  local  government  areas 
by,  323,  324,  327,  338,  339 

Central  states,  local  governments 
in,  61,  62,  63,  70;  county  boards 
in,  66-72  •', 

Centralization  of  authority,  atti- 
tude of  Americans  toward,  9, 
ID,  11;  hindrances  to,  11,  12; 
advantages  of,  in  poor  relief,  241 

Charitable  institutions,  selectmen 
in  charge  of,  40;  management 
of,. 99,  301 

Charities  and  public  welfare,  de- 
partment for,  301 

Chart,  on  county  officers,  291,  299 

Chicago,  Cook  County  Hospital  in, 
259;  predominance  of,  in  Cook 
County,  302;  metropolitan  dis- 
trict of,  339 

Chief  executive  (see  Executive, 
chief) 

Children,  school  attendance  re- 
quired of,  37;  employment  of,  195; 
classification  of,  as  dependents, 
245;  farming  out  of,  for  poor 
relief,  248;  influence  of  poorhouses 
on,  252;  need  of  medical  exami- 
nation of,   260 

Circuit  clerk,  duties  of,  139,  140; 
appointment  of,  161 

Circuit  courts,  work  of,  157 

Cities,  status  of,  as  areas  of  local 
government,  i,  5,  323;  purpose 
of  creation  of,  4;  charters  of,  5; 
similarity  of  small  municipalities 
to,  6,  25,  26,  324,  326;  wards  of. 


INDEX 


343 


8;  demand  of,  for  home  rule,  12; 
special  legislation  concerning,  85; 
status  of,  as  corporations,  88, 
89;  contracts  made  by,  121; 
budgets  in  use  in,  128;  mayors  of, 
136;  elections  in,  150;  crime  in, 
174;  opposition  of,  to  state  police, 
1 80;  suits  b}^  to  secure  tax  money, 
221;  duty  of,  to  provide  for  poor, 
239,  243;  public  health  agencies 
of,  259;  food  inspection  in,  260; 
school  systems  of,  274;  interest 
of,  in  roads,  279,  280,  281,  285; 
relations  of,  with  counties,  302- 
306;  relation  of,  to  townships, 
310;  organization  of,  325;  classi- 
fication of,  327,  329,  332;  incor- 
poration of,  330,  331,  332,  S33; 
officers  of,  331;  powers  of  coun- 
cils in,  333,  334,  335;  absorption 
of  suburbs  into,  339,  340 

City  councils,  duplication  of,  with 
county  boards,  303,  304;  con- 
solidation of,  with  county  boards, 
305,  306;  legislative  powers  of,  325 

City  magistrate,  hearing  before,  200 
(see  also  Mayor) 

City  officers,  enforcement  of  state 
laws  by,  13;  mention  of,  331 

City  police,  jurisdiction  of,  166; 
relations  of,  with  sheriffs,  168, 
169;  inability  of,  to  handle  labor 
disorders,  175;  work  of,  181; 
inquests  requested  bj-,  183;  at- 
titude of,  toward  public  prose- 
cutor, 199;  duplication  of  work  of, 

303 

City  wards,  status  of,  as  areas  of 
government,  8 

Civil  cases,  jurisdiction  over,  97, 
i57>  315;  I)roccdure  in,   200 

Civil  jurisdiction  of  justices  of  the 
peace,  315 

Civil  service  commission,  creation 
of  ofTicc  of,  289;  mention  of, 
293;  function  of,  295;  election  of, 
295,  296,  299;  pay  of,  296 

Claim  register,  keeping  of,  by  county 
board,  119 

Claims,  county  boards  to  i)ass  on, 
129,  130;  collection  of,  through 
courts,  130;  filing  of,  with  county 
clerk,  142-146,  152;  examination 
of,  297,  300 

Clerical  offices,  status  of,  in  coun- 


ties, 136-161;  mention  of,  293; 
duties  of,  296,  297 

Clerk,  county,  origin  of  ofBce  of, 
52;  methods  of  selection  of,  54, 
83,  140,  154,  155,  161,  296,  299; 
position  of,  98;  need  of,  100; 
service  of,  to  county  board,  115, 
141,  142;  independence  of,  county 
board,  117;  budget  in  charge  of, 
128,  129;  duties  of,  138-156,  158, 
165,  296,  297;  courthouse  in 
charge  of,  142;  correspondence 
of,  142;  claims  filed  with,  142- 
146;  warrants  signed  by,  146, 
217;  records  kept  by,  146,  147, 
152;  tax  machinery  administered 
by,  147,  148,  149,  214;  services 
of,  in  elections,  149-154;  licenses 
issued  by,  152,  153;  reports  made 
by>  i53»  154;  reforms  needed 
in  office  of,  154-156;  land  sur- 
veys ordered  by,  161;  fees  of, 
227;  auditor  serving  as,  228; 
equipment  of,  288;  relation  of, 
to  other  officers,  291,  299,  301; 
mention  of,  293 

Clerk,  town,  land  titles  recorded  by, 
108;  position  of,  331;  duties  of, 
336 

Clerk,  township,  service  of,  on  town- 
ship board,  312;  duties  of,  119, 
139,  140,  153,  15s,  156,  157,  307, 

Clerk  of  court,  records  kept  by, 
119;  marriage  licenses  issued  by, 
153;  method  of  choosing,  158, 
161,  297,  299;  relation  of  sheriff 
to,  168;  relation  of,  to  other 
officers,    291,    299;    mention    of, 

293 

Clerks  of  elections,  appointment  of, 
106 

Collector,  county,  taxes  collected 
by,  148,  149,  225;  treasurer  as, 
213,  227,  297;  payment  of,  226, 
227;  proposal  to  abolish  office 
of,  289;  relation  of,  to  other 
officers,  291;  mention  of,  293 

Collector,  deputy  county,  appoint- 
ment <jf,  I  26 

Collector,  town,  election  of,  39 

Collector,  townshij),  duties  of,  225, 
226,  307;  |)ayment  of,  226,  227 

Collectors  of  internal  revenue,  dis- 
tricts for,  4,  5 


344 


INDEX 


Collectors  of  taxes,  dislike  for,  104 

Colonial  assembly,  election  of  rep- 
resentative to,  35,  36,  52 

Colonial  governments,  relation  of, 
to  local  government,  47,  48; 
counties  created  by,  48,  49,  50 

Colonies,  American,  attributes  of 
original  thirteen,  3;  origin  of 
counties  and  townships  in,  24, 
25;  attitude  of,  toward  towns, 
27,  28;  position  of  sheriff  in,  164; 
roads  in,  276 

Colorado,  type  of  local  government 
in,  60,   71,   72 

Commission  plan  for  counties,  de- 
partments  in,   301 

Commissioner,  township,  duties  of, 

319  . 

Commissioners,  county  (see  County 
commissioners,  board  of) 

Common  law,  principle  of,  con- 
cerning defendant,  205;  rule  of, 
concerning   poor   relief,    239-241 

Compensation,  claims  for,  129 

Compulsory  military  training  lack 
of,  108 

Compulsory  school  attendance,  267, 
269,  272 

Condemnation     proceedings,     125, 

193,  194 

Congress,    enforcement    of    laws 
passed  by,  14;  act  of,  concerning 
public   lands,    56;    authority   of, 
over   roads,    276,    286 

Congressional  districts,  division  of 
states  into,  18 

Congressional  townships,  creation 
of,  56;  combination  of  civil 
townships  with,  309 

Connecticut,  type  of  local  govern- 
ment in,  58;  type  of  county  boards 
in,  71;  status  of  municipalities  in, 
328 

Conservators,  appointment  of,  by 
county  courts,  156 

Consolidated  schools,  advantages  of, 
270;  objections  to,  270;  trans- 
portation of  children  to,  270 

Constables,  abolition  of  office  of, 
11;  town  meeting  announced  by, 
29;  service  of,  as  sergeants-at- 
arms  of  town  meetings,  30; 
selection  of,  38,  57,  317;  duties  of, 
38,  39,  41,  93,  95,  317;  loss  of 
prestige  of,  52;  office  of,  59,  331; 


number  of,  316,  317;  fees  of,  317; 
relations  of,  to  other  peace  officers, 
317. 

Constitutions,  state,  provisions  in, 
concerning  county  boundary 
lines,  78-81;  amendments  to,  80; 
popular  election  of  county  officers 
guaranteed  by,  82,  83;  provisions 
in,  concerning  local  government, 
86,  87 

Contractors,  deals  with,  120,  121, 
122,  123,  124;  difficulties  of,  124 

Contracts,  control  of,  by  states,  9; 
powers  of  corporations  to  make, 
90;  awarding  of,  by  county  boards, 
116,  120-124,  127,  128;  limita- 
tions on,  122,  123,  124;  approval 
of,  143,  144,  300;  litigation  over, 

193,  194 

Cook  County,  money  retained  by 
treasurers  of,  220,  predominance 
of  Chicago  in,  302 

Cook  County  Hospital,  status  of, 
259 

Coroner,  county,  duties  of,  52,  182, 
183;  selection  of,  54,  182;  origin 
of  office  of,  182;  relation  of,  to 
sheriff,  182;  inquests  held  by, 
183,  184,  185;  warrant  issued  by, 
185;  possibility  of  abolition  of 
office  of,  186,  187,  200,  288,  296; 
abuses  in  office  of,  187,  188; 
relations  of,  with  other  officers, 
199,  200,  291;  fees  of,  227;  relation 
of  county  physician  to,  257, 
258;  mention  of,  293 

Coroner's  jury,  selection  of,  183, 
184;  procedure  of,  184;  verdicts 
of,  1S4,  185 

Corporate  and  politic  bodies,  coun- 
ties and  townships  as,  88 

Corporate  powers,  extent  of,  90 

Corporations,  counties  not  to  hold 
stock  in,  86;  definition  of,  88; 
counties  and  townships  as,  89, 
90;  influence  of,  with  coroner's 
juries,  187,  188;  state  tax  on,  237 
(see  also  Public  corporations  and 
Private  corporations) 

Council,  municipal,  331 

Council,  town,  functions  of,  333, 
334)  335 ;  tax  rates  fixed  by, 
335;  schools  not  in  charge  of,  337 

Counsel,  appointment  of,  for  ac- 
cused persons,  206,   207 


INDEX 


345 


Counsel,  county  (see  County  coun- 
sel) 

Counties,  status  of,  as  areas  of 
local  government,  i,  15,  16,  17, 
47-56,  60,  61,  62,  63,  64,  65,  66; 
overlapping  jurisdictions  of,  5; 
courts  in,  6,  156;  service  of,  as 
judicial  districts,  6,  7,  18,  48, 
4Q,  gS;  use  of,  as  representative 
districts,  7,  18,  36,  54,  79,  80; 
reason  for  maintenance  of,  13; 
chief  characteristics  of,  16,  20; 
functions  of,  17,  18,  19,  20,  92- 
113,  162-188,  288,  289,310,  313, 
314;  service  of,  as  administrative 
districts,  iS,  19,  20,  49,  109,  no; 
law  enforcement  in,  19;  definition 
of,  21;  origin  of,  24,  25,  45,  48, 
49,  324;  importance  of,  in  Penn- 
sylvania, 45,  52,  53;  status  of, 
in  New  England,  47-51,  58,  59, 
91;  ser\'ice  of,  as  military  dis- 
tricts, 49,  108,  109;  collection  of 
taxes  in,  49,  50,  104, 105,  130-132; 
officers  of,  50,  59;  136-161,  189- 
211,  212-238;  status  of,  in  New 
York,  51,  52;  status  of,  in  South, 
53,  54,  60,  61;  development  of, 
in  West,  55,  56,  60,  61;  number 
of,  in  United  States,  57;  status  of, 
in  central  States,  61,  62,  63; 
relation  of,  to  townships,  66, 
72,  80,  81,  307,  310,  313,  314; 
absence  of,  in  Louisiana,  71; 
state  control  over,  71,  87,  119; 
legal  status  of,  76-91;  powers  of, 
77;  boundaries  of,  not  to  be 
altered  by  state  legislatures, 
78-81;  election  of  oflicers  of, 
82,  83;  special  legislation  con- 
cerning, 84,  85,  86;  limitation 
on  debt  of,  86;  status  of,  as  bodies 
corporate  and  politic,  87-91; 
status  of,  as  corporations,  89, 
90;  control  of,  over  highways, 
102,  103;  control  of,  over  elec- 
tions, 106,  107;  governing  board 
of,  1 14-135;  legislative  power  be- 
longing to,  116;  o[)portunities 
for  graft  in,  121,  122,  123,  124; 
civil  service  not  used  in,  126; 
need  of  budget  for,  128,  129,  288; 
claims  against,  129,  130,  142-146; 
clerical  offices  in,  136-161;  census 
of,  153;  issuing  of  annual  reports 


of,  153,  154;  police  functions  of, 
162-188;  division  of  England 
into,  163;  sheriffs  as  officers  of, 
164,  165,  166;  proposed  reforms 
in  government  of,  181,  182,  287- 
306;  law  officers  of,  189-21 1; 
counsel  for,  192-195;  finance 
officers  of,  212-238;  duty  of,  to 
provide  for  poor  and  dependents, 
239,  240,  243,  244,  246,  247,  249, 
250;    hospitals    maintained    by, 

258,  259;  public  health  work  of, 

259,  260,  261;  schools  in  charge 
of,  264-274;  roads  maintained 
by,  278,  282,  284,  285,  286; 
purchases  for,  288;  government 
of,  290-299;  manager  for,  300; 
commission  plan  for,  301;  home 
rule  for,  301,  302;  relations  of, 
with  large  cities,  302-306;  creation 
of,  324;  organization  of,  325 

Country  roads,  importance  of,  280, 
281,  282;  maintenance  of,  282, 
2S3 

County  attorney,  name  of,  189  (see 
also  Prosecutors,  public) 

County  board,  service  of  county 
justices  as,  53;  number  of  men 
on,  68,  69,  70,  71,  72,  114,  IIS, 

292,  293;    selection   of,    72,    83, 

293,  294,319;  division  of  authority 
of,  99;  creation  of,  by  state  legis- 
latures, 114;  meetings  of,  114, 
115,  141,  142;  organization  and 
work  of,  114-135;  secretary  of, 
115,  139;  quorum  of,  116;  legis- 
lative functions  of,  116,  117; 
supervisory  powers  of,  117,  118; 
administrative  functions  of,  117- 
135,  138;  records  of,  118,  119,  141, 
142,  152;  policies  determined  by, 
119,  120;  contracts  awarded  by, 
120-124;  purchase  of  land  by, 
124,  125;  rules  made  by,  125; 
officers  appointed  by,  125,  126, 
i6r,  296,  297,  298,  299;  poor 
relief  in  charge  of,  126,  245,  246, 
249,  250,  253,  255,  256;  supplies 
provided  i)y,  126-129;  control  of, 
over  claims,  129,  130;  services  of, 
as  boards  of  review,  132,  133; 
bonds  to  be  af)[)rovcd  l>y,  133; 
duties  of,  in  supcr\ising  elections, 
133,  1341  minor  functions  of,  134, 
135;  relation  of  county  clerk  to, 


346 


INDEX 


140,  141,  142;  reports  of  county 
officers  made  to,  154;  land  sur- 
veys ordered  by,  161;  local  duties 
of,  165;  jails  maintained  by, 
170,  171,  182;  public  prosecutor 
as  legal  adviser  to,  igo;  county 
counsel  to  be  appointed  by,  193, 
211;  need  of  legal  counsel  for, 
193,  194;  authority  of,  over 
funds  for  criminal  prosecutions, 
198,  199;  public  defender  to  be 
appointed  by,  210;  supervision 
of,  over  treasurer's  office,  215, 
222,  225;  banks  selected  by, 
for  public  funds,  221;  assessor 
to  be  appointed  by,  238;  county 
physician  employed  by,  257; 
public  health  work  of,  261;  roads 
in  charge  of,  278,  284,  285;  ac- 
countability of  clerical  officers 
to,  289;  relation  of,  to  other 
officers,  291,  298,  299;  salary  of, 
294;  functions  of,  294,  298,  299; 
service  of  county  clerk  to,  296, 
297  (see  also  County  boards) 

County  board  districts,  status  of, 
as  areas  of  government,  8 

County  boards,  types  of,  66-72; 
number  of,  134,  135;  duplication 
of,  with  city  councils,  303,  304; 
consolidation  of,  with  city  coun- 
cils, 305,  306 

County  commissioners,  board  of, 
election  of,  53;  duties  of,  53; 
organization  of,  in  south-central 
states,  63;  discussion  of,  66-72; 
small  number  on,  72;  service  of, 
114;  fees  of,  227;  poor  relief  in 
charge  of,  246 

County  counsel,  need  of,  192,  193, 
211;  mention  of,  293;  duties  of, 
296;  appointment  of,  296,  299; 
independence  of,  301 

County  courts,  status  of,  18;  or- 
ganization of,  30,  50,  51,  53, 
54,  156;  function  of,  50,  51;  es- 
tablishment of,  53,  54;  appoint- 
ment of  judges  of,  97;  standards 
of,  98;  probate  functions  of,  99; 
administrative  functions  of,  99, 
100;  jurisdiction  of,  156,  157; 
sheriffs  as  officers  of,  168-170; 
appeals  to,  315,  316 

County  districts,  status  of,  318; 
types  of,   319,   320;   officers   of, 


320,  321;    special   problems   of, 

321,  322 

County  executive,  lack  of,  136 

County  farms,  provisions  for,  100 

County  funds,  care  of,  213,  214, 
2i8,  219;  sources  of,  214;  records 
of,  215-217;  disbursements  of, 
217-218;  custody  of,  218,  219; 
interest  on,  219,  220;  depositories 
for,  220,  221,  224;  delayed  en- 
tries of,  221,  224 

County  government,  complexity  of, 
18;  variations  in,  287;  changes  in, 
287,  288;  reform  programme  for, 
288-306;  reorganization  of,  290, 
298,  299;  typical  structure  of, 
290,  291,  292;  new  plan  of,  298, 
299;  county  manager  plan  for,  300 

County  institutions,  reports  of,  153 

County  judge,  status  of,  18;  place 
of,   on   county   board,    71 

County  manager,  creation  of  office 
of,  289;  principle  of,  298,  300; 
term  of,  300;  employment  of,  300; 
pay  of,  300;  subordinates  ap- 
pointed by,  300;  duties  of,  300 

County  manager  board,  election  of, 
300;  duties  of,  300 

County  officers,  enforcement  of 
state  laws  by,  13;  indefinite 
status  of,  19,  98;  taxes  collected 
by,  19,  104,  105;  location  of 
offices  of,  81;  selection  of,  82, 
83,  125,  126,  181,  289,  29s; 
salaries  of,  83,  84;  supervision 
over,  117,  292;  supplies  for,  120, 
121,  122,  126-129;  bonds  of,  133; 
information  concerning  153;  re- 
ports made  by,  153,  154;  list  of, 
161,  292,  293,  299;  public  prose- 
cutor as  legal  adviser  to,  190- 
195,  203 

County  officers,  deputy,  appoint- 
ment of,  125,  126 

County  offices,  legislature  not  to 
abolish,  83,  84;  election  of,  87; 
filling  of  vacancies  in,  134;  papers 
filed  by  candidates  for,  149,  150 

County  police,  lack  of,  175 

County  school  board  (see  School 
board,  county) 

County  seats,  distance  of  boundary 
lines  from,  79;  restrictions  on 
moving  of,  81,  82;  location  of 
offices  at,  81,  82 


INDEX 


347 


County  superintendent  of  schools 
(see  Superintendent  of  schools, 
county) 

County  supervisors  (see  Super- 
visors, county) 

Courthouse,  location  of,  at  county 
seat,  8i;  maintenance  of,  g8;  con- 
tracts for,  120;  rules  concerning, 
125;  merit  system  for  employees 
in,  126;  county  clerk  as  superin- 
tendent of,   142 

Courts,  districts  for  holding  of, 
5,  6,  7;  holding  of,  at  county 
seats,  81,  82;  kinds  of,  156,  157; 
records  of,  157;  sheriflts  as  exec- 
utive officers  of,  168-170 

Courts,  county  (see  County  courts) 

Courts,  district  (see  District  courts) 

Criminal  cases,  jurisdiction  over, 
97,.  157,  316 

Criminal  jurisdiction  of  justices  of 
the  peace,  316 

Criminals,  function  of  public  prose- 
cutor in  conviction  of,  195-199; 
deficiencies  in  agencies  to  appre- 
hend, 199,  200;  arrest  of,  200; 
hearing  of,  200;  indictment  of, 
200,  201,  202;  trial  of,  203 

Cross-state  highways,  281,  282 

Cumberland  Road,  importance  of, 
276 

Curriculum,  regulation  of,  269,  272, 
273 

Dance  halls,  licenses  for,  134,  152 
Deaf,  census  of,  153;  care  of,  255 
Deaths,  records  of,  41,  47,  99,  157; 

investigation  of,   182,   183 
Decentralization,  administrative,  be- 
lief in,  13 
Deeds,   giving  of,   for   lands,   159; 

recording  of,  159,  160 
Defectives,  state  care  of,  289 
Defendant,    presumption    of    inno- 
cence of,   205;  counsel  provided 
for,  206,  207 
Defender,  public,  need  of,  204,  205, 
206,   207,   208;   position  of,   207, 
208;  arguments  in  favor  of,  208, 
209,    210,    211;     duties   of,    208, 
296;    objections    to,     209,     210; 
selection  of,   210,  211,   296,   299; 
creation   of  office  of,    289 
Defense,  need  of  provision  for,  204, 
205,  206,  207,  208 


Delaware,  type  of  local  government 
in,  60;  type  of  county  board  in, 

71 

Democracy,  signiiicance  of  term, 
3;  self-government  as  a  factor 
in,  12,  14,  17;  inefBciency  as 
price  of,  13;  town  meeting  as 
illustration  of,  28 

Denver,  county  absorbed  by,  302 

Dependencies,  self-governing,  char- 
acter of,  3 

Dependents,  care  of,  13,  74,  99,  100, 
1 01,  240,  241;  county  courts  in 
charge  of,  156,  157;  responsibility 
for,  243;  groups  of,  244,  245; 
farming  out  of,  247,  248;  segre- 
gation of,  252;  medical  aid  to, 
257,  258 

Destitute  persons,  relief  granted  to, 
242 

Detective  work,  state  police  for, 
176, 177 

Diseased,  care  of,  100,  256 

District  attorneys,  United  States, 
law    enforcement    work    of,    196 

District  courts,  creation  of,  99; 
work  of,  157;  sheritTs  as  officers 
of,  168-170;  appeals  to,  315,  316 
(see  also  Courts) 

District  officers,  duties  of,  9,  10; 
appointment    of,    320 

Districts,  purposes  of,  4,  5 

Districts,  administrative  (see  Ad- 
ministrative districts) 

Districts,  judicial  (see  Judicial 
districts) 

Districts,  representative  (see  Rep- 
resentative districts) 

Dixie  Highway,  making  of,  286 

Documents,  recording  of,  158,  160 

Dogs,  licenses  for,   152 

Domicile,  establishment  of,  242 

Drainage,    township    control    over, 

3" 
Drainage  districts,  reasons  for,  15, 

320,  321;  creation  of,  no;  maps 

of,  152;  function  of,  319,  321 
Drainage   projects,   control   of,   by 

counties,  86 
Drainage   systems,   supervision   of, 

by    slates,    9;    records    of,    119; 

townships    in     charge    of,    314, 

"Due  process  of  law,"  meamng  of, 
202 


348 


INDEX 


Earl,  shire  ruled  by,  162;  political 
power  of,   162,   163 

Education,  attitude  of  people  to- 
ward, 262;  status  of,  as  a  function 
of  government,  262;  importance 
of,  to  state,  271;  federal  de- 
partment of,  274;  change  in, 
287,  288;  state  supervision  of, 
289;  control  over,  303,  304  (see 
also  Schools) 

Eighteenth  amendment,  provisions 
for  enforcement  of,  14;  mention 
of,  134 

Election  ballots,  printing  of,  121 

Election  cases,  county  courts  in 
charge  of,  156,  157 

Election  commissioners,  board  of, 
mention  of,  292;  function  of, 
294;  no  need  of,  294 

Election  districts,  towns  in  New 
England  as,  59;  function  of,  319, 
320;  ofhcials  of,  320 

Election  officials,  appointment  of, 
320 

Election  returns,  canvass  of,  by 
county  boards,  134 

Elections,  counties  as  units  in,  52; 
administration  of,  by  local  au- 
thorities, 105-107,  III,  112; 
methods  of  conducting,  105-107; 
officials  of,  106,  107,  151;  super- 
vision of,  by  county  boards,  133, 
134;  conduct  of,  by  county  clerk, 
149-154;  returns  of,  152;  control 
over,  303 

Engineer,  county,  appointment  of, 
125,  298,  299;  duties  of,  161; 
employment  of,  on  roads,  284, 
285;  mention  of,   293 

Engineer,  highway,  102,  118 

England,  representation  in,  35; 
sheriff's  office  in,  162,  163,  164; 
coroner  in,  182;  roads  in,  275; 
justices  of  the  peace  in,  315 

Epidemics,  control  of,  261 

Epileptics,  state  institutions  for, 
255;     care     of,     in     poorhouses, 

25s 
Equalization  of  assessments,  county 

boards  to  provide  for,   132,   133 

(see  also  Boards  of  review) 
Europe,  administrative  districts  in,  8 
Ex  parte,  proceedings,  99 
Executive,  chief,  lack  of,  in  counties, 

136;  duties  of,  136,  137,  196 


Executive    department,    possession 

of,    by    states,    4 
Executive    functions,    enumeration 

of,  136  137 

Farming  out,  plan  of,  in  poor  relief, 
247,    248;   abuses   in,    248 

Federal  agents,  laws  enforced  by, 
166 

Federal  government,  administra- 
tive centralization  of,  13,  14; 
limitations  on  powers  of,  77; 
maintenance  of  peace  by,  93, 
94;  interest  of,  in  education,  loi; 
contracts  made  by,  121;  marshals 
of,  166;  authority  of,  over  roads, 
276,  281,  286 

Federal  legislation,  enforcement  of, 

14 

Federal  prosecuting  attorneys,  du- 
ties of,  14 

Federal  state,  status  of  units  of, 
3,4 

Feeble-minded,  efforts  to  get  rid  of, 
243;  farming  out  of,  for  poor 
relief,  248;  presence  of,  in  poor- 
houses,  252,  255;  state  institu- 
tions for,  255 

Fees,  retention  of,  by  sheriffs, 
169,  170;  pa3Tnent  of  county  offi- 
cers by,  227 

Fence  viewers,  mention  of,  39 

Fences,  town  rules  concerning,  37; 
inspection  of,  40 

Feudalism,  relation  of  sheriffs  to 
system  of,  162,  163 

Finance  department,  301 

Finance  officers,  duties  of,  41,  297; 
supplies  for,  126;  account  of, 
212-238;  mention  of,  293 

Finances,  control  of,  by  states,  9; 
control  of  board  of  commis- 
sioners over,  53 

Florida,  type  of  local  government, 
60,   71,   72 

Food,  contracts  for,  120,  121,  122; 
inspection  of,  in  rural  communi- 
ties, 260,  261 

Forest  preserves,  control  of  states 
over,  74;  guarding  of,  177; 
districts  for,  320,  321 

France,  status  of,  as  political  unit, 
2;  gendarmes  in,  176 

Franklin,  Benjamin,  good  roads 
advocated  by,  276 


INDEX 


349 


Functions  of  counties  and  townships, 
92-113  (see  also  Counties  and 
Townships) 

Gambling,  enforcement  of  laws  con- 
cerning, 14,  195,  197,  198;  state 
police  to  prevent,  177 

Gendarmes,  mention  of,  176 

Georgia,  tj^ie  of  local  government 
in,  60;  type  of  county  boards 
in,  71 

Gerrymander,  danger  of,  in  chang- 
ing county  lines,  79,  80 

Government,  greater  areas  of,  1-4; 
local  areas  of,  r,  4-20,  54,  55,  56, 
57;  complexity  of,  5;  inefficiency 
of,  13;  factors  in  determining 
form  of,  42,  43 

Governmental  areas,  classification 
of,  1-20 

Governor,  arrest  of,  in  Illinois,  94; 
position  of,  at  head  of  state,  136; 
sheriff's  accountability  to,  164; 
appeal  of  sheriff  to,  for  militia, 
168;  authority  of,  over  law  enforc- 
ing agencies,  196,  197,  198;  at- 
torney-general to  be  appointed 
by,  204 

Grand  jury,  indictment  of  prisoners 
by,  200,  201;  personnel  of,  201, 
meetings  of,  201;  influence  of 
public  prosecutor  over,  201,  202; 
proposal   to   eliminate,    202,   203 

Greater  areas  of  government,  def- 
inition of,  1-4 

Guardians,  appointment  of,  by 
county  courts,  156 

Health,  board  of,  mention  of,  292; 
need  of,  295;  members  of,  295; 
appointment  of,  299;  township 
hoarri  as,  312 

Health  ofTiccr,  appointment  of,  125, 
298,  299;  mention  of,  293 

Health  regulations,  enforcement  of, 
13,  109 

Highway  commission,  state,  cre- 
ation of,  285 

Highway  commissioner,  town,  office 
of,  59 

Highway  commissioners,  duties  of, 
102,  278,  279,  294,  295;  pro- 
posal to  abolish  office  of,  289, 
295,  298;  mention  of,  292,  293 

Highway  engineer,  102,  118 


Highway  officials,  approval  of  con- 
tracts by,  143,  144;  local  duties  of, 
165;  roads  in  charge  of,  278,  279 

Highway  overseers,  duties  of,  102 

Highways,  authority  of  county 
court  over,  51,  99;  towns  in  charge 
of,  59;  control  of,  by  local  gov- 
ernment areas,  102,  103,  in, 
112,  277,  301,  303,  317,  318,  319; 
record  of  improvements  on,  119; 
removing  obstructions  from,  134; 
officers  in  charge  of,  161,  278, 
279;  maintenance  of,  275,  281, 
282,  283;  attitude  of  federal 
government  to,  276,  285,  286; 
distances  covered  by,  277;  neg- 
lect of,  276,  277,  278;  routes  of, 
278;  work  on,  279;  definition  of, 
280;  classification  of,  280-282; 
need  of  improvement  of,  283,  284; 
state  control  of,  289 

Home  rule,  success  of,  in  cities,  12, 
301;  adoption  of,  in  counties,  302 

Hospital  superintendent,  creation  of 
office  of,  289 

Hospitals,  county,  location  of,  81; 
counties  permitted  to  build,  84, 
86;  maintenance  of,  no,  118; 
rules  concerning,  125;  supplies 
for,  143,  144;  reports  oi,  153; 
care  of  dependents  in,  248; 
establishment  of,  256,  257,  289; 
duty  of  county  physician  in,  258; 
origin  of,  258;  need  of,  258,  259; 
control  over,  304 

Houses  of  correction,  county  court 
in  charge  of,  50;  need  of,  96 

Hunting,  licenses  for,  152 

Idaho,  type  of  local  government  in, 
71,  72 

Illinois,  pioneer  period  in,  55;  type 
of  local  government,  61;  type  of 
county  board  in,  71;  arrest  of 
Governor  of,  94;  duties  of  county 
officers  in,  139,  140;  bill  for  state 
police  defeated  in,  179,  180; 
townships  in,  308,  310,  312 

Income  tax,  collection  of,  11,  14 

Incomes,  state  tax  on,  237 

Indiana,  pioneer  period  of,  55; 
type  of  local  government  in,  63, 
71,  72;  townships  in,  308,  312 

Indictments,  service  of,  by  sheriff, 
168 


3SO 


INDEX 


Innkeepers,  licensing  of,  53 

Inquests,  procedure  in,  183,  184, 
185;  holding  of,  unnecessary, 
185,  186;  substitute  for,  186, 
187 

Insane,  control  of  state  over,  g; 
care  of,  12,  100;  county  courts 
in  charge  of,  156;  keeping  of,  in 
poorhouses,  255 

Insane  asylums,  state,  advantages 
of,  254,  255 

Insanity  cases,  hearing  of,  99 

Institutional  care,  plan  of,  for  poor 
relief,  248,  249 

Institutions,  county,  supplies  for, 
120,  121,  122,  126-129;  land  for, 
125;  rules  for,  125 

Institutions,  provisions  for,  in  local 
government  areas,  96;  care  of 
dependents  in,  248,  249;  special 
types  of,  for  poor  relief,  254-257; 
mention  of,  293;  superintendents 
of,  298,  299 

Iowa,  type  of  local  government, 
63,  71,  72;  duties  of  county 
officers  in,  139,  140;  county  hos- 
pitals established  in,  258;  town- 
ships in,  308,  312;  towns  in,  3 29 

Irish  Constabulary,  Royal,  176 

Irrigation  districts,  purpose  of,  320, 
321 

Jails,  provision  of  town  meetings 
for,  37;  location  of,  at  county 
seats,  81;  need  of,  96;  rules  con- 
cerning, 125;  reports  of,  153; 
supervision  of,  165,  166;  sentence 
of  prisoners  to,  169;  maintenance 
of,  170,  171;  sanitary  conditions 
in,  171;  control  over,  182,  304; 
care  of  dependents  in,  239,  240, 
248;  segregation  in,  252;  medical 
care  for  inmates  of,  257;  town 
officers  in  charge  of,  263 

Judge,  county,  election  of,  100 

Judges,  districts  for,  5;  election  of, 
97,  98;  appointment  of  clerks  by, 
161,  297;  sheriffs  accountable 
to,  164 

Judges  of  elections,  appointment  of, 
106,  133 

Judgments,  records  of,  157;  execu- 
tion of,  by  sheriffs,  169 

Judicial  authority,  development  of, 
in  New  England,  48,  49 


Judicial  districts,  status  of,  as  areas 
of  government,  6,  7,  16;  bounda- 
ries of,  6,  7;  counties  as,  18;  crea- 
tion of,  98;  public  prosecutor 
elected  for,  189 

Jurors,  summons  for,  157 

Jury,  list  of  persons  eligible  to, 
134,  151;  summons  for,  168; 
sheriff  in  charge  of,  169;  unwilling- 
ness of  citizens  to  serve  on,  202 

Jury,  coroner's  (see  Coroner's  jury) 

Justice,  administration  of,  6;  con- 
trol of  state  over,  9;  administra- 
tion of,  by  local  areas,  59,  96-98, 
no,  III,  112 

Justice,  state  department  of,  sug- 
gestion of,  181,  203,  204 

Justice  courts,  appeals  from,  157 

Justices,  appointment  of,  50;  serv- 
ice of,  as  county  court,  50 

Justices,  county,  appointment  of, 
53;  duties  of,  53,  54 

Justices  of  the  peace,  office  of,  59, 
314,  315,  331;  townships  as  dis- 
tricts for,  60;  position  of,  on 
county  boards,  71,  114;  juris- 
diction of,  97,  315,  316;  ridicule 
of,  98;  appeals  from,  157,  315, 
316;  hearing  before,  200;  persons 
committed  to  poorhouse  by,  250; 
service  of,  on  township  boards, 
312;  criticisms  of,  315,  316;  other 
functions  of,  316;  pay  of,  316 

Juvenile  cases,  handling  of,  by 
county  courts,  99,  156 

Juvenile  offenders,  care  of,  96 

Kansas,  type  of  local  government 

in,  63,  71,  72;  townships  in,  308; 

towns   in,    329;    classification   of 

cities  in,  332 
Kentucky,   pioneer   period   in,   55; 

type  of  local  goverimient  in,  60; 

type  of  county  board  in,  71 
King's    highway,    maintenance    of 

peace  on,  275 

Labor,  opposition  of,  to  state  police, 

180 
Labor    disorders,     guards    during, 

167;  difficulties  of  sheriffs  with, 

17s;  state  poUce  in  charge  of,  177, 

178 
Land,  authority  of  New   England 

town  meeting  over,  32,  33;  use 


INDEX 


351 


of,  in  common,  32,  33;  transfers 
of,  41,  53,  107,  108,  III,  n2, 
118,  158,  15Q,  160,  161;  giving 
of,  for  schools,  101;  purchase  of, 
for  counties,  124,  125;  sur\'ey  of, 
134,  161 

Law,  promulgation  and  enforce- 
ment of,  136,  138 

Law  enforcement  agencies,  dis- 
organization of,  199,  200;  changes 
proposed  for,  200 

Law  officers,  county,  189-2 11 

Legal  adviser,  function  of  public 
prosecutor  as,  190-193 

Legal  residence,  prevention  of  ac- 
quiring of,  243 

Legal  status  of  counties  and  town- 
ships, 90,  91 

Legislative  assembly,  districts  for 
election  of  members  of,  5,7,8 

Legislatures,  state,  existence  of,  4; 
districts  for  election  of  members 
of,  18;  powers  of,  over  local 
governments,  77-87;  limitations 
on  power  of,  over  counties,  78- 
84,  87;  special  legislation  not  to 
be  enacted  by,  84,  85,  86 

Libraries,  counties  permitted  to 
establish,  84,  289,  334;  main- 
tenance of,  no,  125,  325,  334; 
control  over,  304 

Licenses,  granting  of,  by  county 
courts,  51;  right  of  county  boards 
to  grant,  134;  issuing  of,  by  county 
clerk,  152,  153 

Liens,  recording  of,  159,  161 

Lieutenant,  county,  appointment  of, 

Lincoln  Highway,  marking  of,  286 
Liquor,   licenses   for   sale   of,    134; 

enforcement  of  laws  against  sale 

of,  166,  177,  197,  198 
Liquor    law,    enforcement    of,    by 

federal  agents,  94,   16C;  duty  of 

state  police  to  enforce,  177 
Litigation,     public     prosecutor    as 

attorney  in,  193-195,  203 
Local  charities,  provision  for,  239- 

257 
Local  government,  definition  of,  i; 
areas  of,  i,  3,  42-57;  types  of, 
54,  55,  56,  57,  58-75;  develop- 
ment of,  in  West,  55,  56;  effects 
of  state  laws  on,  56;  groups  of 
states  by   variations  in,   58-63; 


merits  of  various  types  of,  63- 
66;  demands  on,  65, 66;  uniformity 
in,  72;  tendencies  affecting,  72- 
75;  powers  delegated  to  units 
of,  77,  78;  functions  of,  92-113; 
probate  work  of,  98-100;  control 
of  poor  relief  by,  100,  239-257; 
maintenance  of  schools  by,  loi, 
102;  control  of,  over  highways, 
102,  103;  administration  of  taxes 
by,  103-105;  acbninistration  of 
elections  by,  105-107;  recording 
of  land  titles  by,  107,  108;  pro- 
vision for,  239-257;  reform  in, 
287-306;  definition  of,  323  (see 
also   Local   self-government) 

Local  legislation,  enforcement  of, 
by  local  ofiiicers,  94,  95 

Local  officers,  enforcement  of  laws 

by,   13,  94,  95 

Local  self-government,  substitute 
for,  9;  advantages  and  disad- 
vantages of,  9,  10,  14;  prefer- 
ence of  Americans  for,  11,  12, 
23,  24,  87;  results  of,  13,  14,  15; 
areas  of,  14,  15,  16,  17,  18,  19,  20; 
meaning  of,  16,  17;  combination 
of,  with  state  government,  18, 
19,  20;  compromise  with,  19,  20; 
factors  in,  21,  23,  24;  origin  of, 
21-41;  functions  of,  92-113  (see 
also  Local  government) 

Local  self-government  areas,  elec- 
tion of  administrative  officers 
by,  19  (see  also  Local  government) 

Louisiana,  local  government  in,  60, 
71 

Magisterial  districts,  purpose  of, 
319,320 

Maine,  type  of  local  government  in, 
58;  tyjie  of  county  board  in,  71, 
72;  status  of  municipalities  in,  328, 

329 

Maintenance  of  peace,  discussion  of, 
as  function  of  local  self-govern- 
ment, 92-96 

Major  areas  of  government,  dis- 
cussion of,  1-4 

Manors,  existence  of,  in  New  York, 

44 
Maps,  keeping  of,  by  county  clerk, 

152 
Marriage  licenses,   issuing  of,   153, 

157 


352 


INDEX 


Marriages,  records  of,  41,  47,  99, 
157;  performance  of,  by  justices 
of  the  peace,  316 

Marshal,  duties  of,  331,  336 

Marshal,  United  States,  duties  of, 
166 

Maryland,  type  of  local  govern- 
ment in,  60;  type  of  county  board 
in,  71,  72 

Massachusetts,  status  of,  in  federal 
state,  3;  type  of  local  government 
in,  58;  county  board  in,  71,  72; 
state  police  in,  176,  177;  status 
of  public  prosecutor  in,  189; 
status  of  towns  in,  327,  328 

Massachusetts  Bay  Colony,  attitude 
of,  toward  local  areas,  24,  25 

Mayor,  status  of,  as  chief  executive 
of  cities,  136,  325,  331;  consent 
of,  required  for  work  of  state 
police,  178;  duties  of,  335,.  336 

Metropolitan  district,  definition  of, 

33? 

Mexican  Border,  patrolling  of,  177 

Michigan,  pioneer  period  in,  55; 
type  of  local  government  in,  61; 
type  of  county  board  in,  71; 
status  of  townships  in,  91,  308, 
310,  312 

Military  districts,  service  of  coun- 
ties as,  49 

Military  roads,  importance  of,  275, 

277  . 

Military  training,  counties  as  units 
of,  108 

Militia,  quota  of,  from  towns,  28; 
officer  in  charge  of,  50;  organiza- 
tion of,  by  local  governments, 
108,  109;  service  of  counties  in 
organization  of,  in,  112;  census 
of  men  eligible  to,  153;  right  of 
sheriff  to  call  for,  168 

Milk,  inspection  of,  260,  261 

Minnesota,  type  of  local  govern- 
ment, 63;  type  of  county  board 
in,  71,  72;  townships  in,  308,  310, 
312 

Minor  areas  of  government,  def- 
inition of,  4-20 

Mississippi,  tjpe  of  local  govern- 
ment, 60;  type  of  county  board  in, 
71,  72 

Missouri,  type  of  local  government 
in,  63;  type  of  county  board  in, 
71;  townships  in,  308,  312 


Moderator,  election  of,  by  town 
meeting,  29;  duties  of,  29,  30 

Montana,  type  of  local  government 
in,  60;  type  of  county  board  in, 
71,  72;  townships  in,  308 

Mortgages,   recording  of,   159,   161 

Munger,  E.  E.,  work  of,  to  estab- 
lish county  hospitals,  258 

Municipal  corporations,  examples  of, 
88,  89;  description  of,  89,  90 

Municipal  function,  city  to  carry  on, 
4  .  . 

Municipalities,  status  of,  as  minor 
areas  of  local  government,  6,  16, 
17,  59;  special  legislation  con- 
cerning, 85,  86;  status  of,  as  cor- 
porations, 88,  89;  relation  of,  to 
townships,  310;  legal  status  of, 
323,  324;  classification  of,  328, 
329;  state  laws  concerning,  329, 
330  (see  also  MunicipaHties, 
small) 

Municipalities,  small,  classification 
of,  323,  324,  325,  326;  emergence 
of,  326,  327,  328,  329;  state  laws 
concerning,  329,  330;  incorpora- 
tion of,  330,  331;  internal  organ- 
ization of,  331,  332;  reorganiza- 
tion of,  as  cities,  332,  333;  func- 
tions of,  333,  334,  335,  336,  337; 
schools  of,  337,  338;  status  of, 
as  suburbs,  338,  339;  absorption 
of,  339,  340;  range  of  character 
of,  340  (see  also  Municipalities) 

Murder,  verdict  of,  by  coroner's 
jury,    185;    prosecution    of,    195 

National  arteries,  281,  282 

National  highways,  support  of,  276, 
285,  286 

National  government  (see  Federal 
government) 

National  Municipal  League,  pur- 
pose of,  290 

National  Short  Ballot  Organiza- 
tion, work  of,  290 

Natural  death,  verdict  of,  184 

Nebraska,  type  of  local  government 
in,  61;  type  of  county  board 
in,  71;  townships  in,  308,  310 

Nev-ada,  type  of  local  government 
in,  60;  type  of  county  board 
in,  71,  72;  townships  in,  308 

New  England,  importance  of  towns 
in,  24,  26,  27,  28,  44,  308,  309, 


INDEX 


353 


310,  327,  328;  right  of  towns  in, 
to  exclude  persons,  30,  31,  320; 
representatives  to  state  assem- 
blies in,  36;  significance  of  town 
organizations  of,  39,  40;  modem 
township  evolved  from  towns  of, 
41;  type  of  local  government  in, 

43.  54,  58,  59,  60,  63,  64,  70;  posi- 
tion of  counties  in,  47-51,  91; 
merits  of  forms  of  local  govern- 
ment in,  63,  64;  counties  and 
towns  created  by  states  of,  76; 
position  of  sheriffs  in,  95,  165; 
poor  relief  in,  240,  242,  243; 
provision  for  schools  in,  262,  263, 
264 

New  England  t>T)e  of  local  govern- 
ment, 54,  63,  64,  70 

New  Hampshire,  type  of  local  gov- 
ernment in,  58;  tj-pe  of  county 
board  in,  71,  72;  status  of  towns 
in,  327,  328 

New  Jersey,  type  of  local  govern- 
ment in,  61;  type  of  county 
board  in,  71;  townships  in,  308, 
310 

New  Mexico,  type  of  local  govern- 
ment in,  60;  type  of  county  board 
in,  71,  72;  state  police  organized 

by,  177 
New  York,  state  police  in,  11,  180; 
units    of    local    government    in, 

44,  45,  54,  55,  61;  importance  of 
county  in,  47,  51,  52,  53;  town- 
ships in,  308,  310,  311,  312;  vil- 
lages in,  329 

New  York  City,  counties  absorbed 
by, 302 

New  York  State  Troopers,  account 
of,  177,  178,  179 

Norman  Conquest,  effect  of,  on 
county  government  in  England, 
162 

North  Carolina,  type  of  local  gov- 
ernment in,  60;  tyfje  of  county 
board  in,  71,  72;  townships  in,  308 

North  central  states,  local  govern- 
ments in,  61,  62;  type  of  county 
boards  in,  70,  71 

North  central  type  of  local  govern- 
ment, 54 

North  Dakota,  type  of  local  gov- 
ernment, 63;  type  of  county 
board  in,  71,  72;  townships  in, 
308,  310,  312 


Northwest  Ordinance  of  1787,  pro- 
visions of,  concerning  local  gov- 
ernment, 56,  57;  reference  to 
schools  in,  loi 

Northwest  Territory,  government 
^of,  56,  57 

Nuisances,  abatement  of,  134,  261, 
333 

Oaths,  administering  of,  316 

Ohio,  pioneer  period  in,  55;  tj^je  of 
local  government  in,  63;  tj-pe  of 
county  board  in,  71,  72;  townships 
in,  308,  312 

Oklahoma,  type  of  local  govern- 
ment in,  63 ;  tjT)e  of  county  board 
in,  71,  72;  townships  in,  308, 
312 

Ordinance  of  1787,  provisions  of, 
concerning  local  government,  56, 

57 

Ordinances,  adoption  of,  by  town 
meetings,  37,  38;  adoption  of, 
by  county  courts,  51;  authority 
of  county  boards  to  pass,  134, 
300;  enforcement  of,  325,  333 

Oregon,  type  of  local  government 
in,  60;  type  of  county  board  in, 
71;  status  of  public  prosecutor  in, 
189 

Origin  of  local  self-government  in 
America,  21-41 

Orphanages,  reports  of,  153;  care  of 
dependents  in,  248,  249;  control 
over,  304 

Orphans,  commitment  of,  99;  census 
of,  153;  classification  of,  with 
dependents,  245;  care  of,  256 

Outdoor  relief,  giving  of,  by  town- 
ships, in;  county  boards  in 
charge  of,  126;  plan  of,  245,  246; 
abuses  in,  247 

Overseer  of  the  poor,  office  of,  59, 
245,  246;  proposal  to  abolish  of- 
fice of,  289;  mention  of,  293; 
appointment  of,  297,  299;  duties 
of,  297,  298,  313 

Parishes,  status  of,  as  local  govern- 
ment units,  46,  47,  53;  delegates 
from,  54;  police  jury  in,  71;  poor 
relief  in,  239,  240 

Park  districts,  creation  of,  5,  15, 
no;  reasons  for,  15,  320,  321; 
status  of,  as  corporations,  89 


354 


INDEX 


Parks,  districts  for,  5,  15,  no,  320, 
321;  control  of,  9,  74,  86,  289,  301; 
maintenance  of,  no,  325, 334, 335; 
records  of,  119;  tax  for,  335 

Parliament,  election  of  representa- 
tives to,  35 

Patents,  land,  158,  159 

Paving,  contracts  concerning,  123; 
control  over,  325;  provision  for, 

333 

Peace,  maintenance  of,  as  a  function 
of  local  self-government,  92-96, 
no,  III,  112;  duty  of  sheriff  to 
maintain,  162,  163,  164,  165, 
166,  167,  168;  changes  in  methods 
of  maintaining,  287,  289 

Peace  officers,  possibility  of  aboli- 
tion of  local  offices  of,  11;  position 
of,  in;  sheriffs  as,  166,  167,  168, 
173, 174;  powers  of,  in  small  cities, 

333 

Penal  farms,  need  of,  96 

Pennsylvania,  state  police  in,  n, 
177;  imits  of  local  government  in, 
44)  45 >  55)  63;  status  of  town- 
ships in,  45;  importance  of  coun- 
ties in,  47,  52,  53;  type  of  county 
board  in,  71,  72;  status  of  town- 
ships in,  91,  308,  312;  poor  relief 
in,   247;  boroughs  in,  329 

Pennsylvania  State  Constabulary, 
account  of,  177,  179 

Personal  property,  objections  to 
tax  on,  235,  236 

Philadelphia,  county  absorbed  by, 
302 

Philippine  Islands,  police  in,  176 

Physician,  county,  investigation  of 
murder  cases  by,  186,  187;  duties 
of,  257;  relation  of,  to  coroner, 
257,  258;  mention  of,  293;  ap- 
pointment of,  298 

Plantations,  effect  of,  on  local  gov- 
ernment, 46 

Playgrounds,  maintenance  of,  no, 

32s,  334 

Police,  control  of,  by  local  authori- 
ties, II,  12;  use  of,  in  maintaining 
peace,  93;  duty  of,  in  murder 
cases,  185,  186;  duplication  of, 
303  (see  also  City  police  and 
State  police) 

Police  chief,  duties  of,  336 

Police  courts,  jurisdiction  of,  335, 
336;  appeals  from  336 


Police  Jury,  election  of,  71 

Police   magistrate,   duties  of,   335, 

336 
Police  power,  control  of  state  over, 
9,  n;  administration  of,  10,  11; 
control  of,  by  counties,  162- 
188;  importance  of,  in  govern- 
ment, 167;  extent  of,  in  munici- 
palities, 325,  333 
Political  parties,  local  organization 

of,  107;  definition  of,  107 
Political    units,    definition   of,    1-4 
Poll  books,  provision  for,  133 
Polling    places,    location    of,    106, 
151;    provision    for,     133,     134; 
supplies  for,  151,  152 
Pool  rooms,  licenses  for,  134,  152, 

153 

Poor,  control  of  state  over,  9;  care 
of,  by  local  authorities,  12,  239- 
241;  disadvantage  of,  in  trials, 
205,  206,  207,  208 

Poor  districts,  purpose  of,  320,  321 

Poor  farms,  control  of  county  board 
over,  118;  establishment  of,  253; 
stewards  of,  253,  254 

Poor  relief,  administration  of,  by 
towns,  37,  39,  59,  263;  supervision 
of,  by  vestry,  47;  control  of  town- 
ships over,  73;  311,  314,  317, 
318,  319;  local  governments  in 
charge  of,  100,  loi,  in,  112, 
239-257,  288,  289;  duties  of 
county  board  in,  126,  288,  289; 
common  law  rule  concerning, 
239-241;  legislation  concerning, 
240,  241;  improvement  in,  241; 
reasons  for  centralization  of,  241; 
who  entitled  to,  241-244;  methods 
of,  245-249,  287;  farming  out  of, 
247,  248;  specialized  institutions 
for,  254-257;  state  supervision 
over,  257,  303,  307;  department 
in  charge  of,  301;  districts  for, 
320,  321 

Poorhouses,  location  of,  81;  pro- 
visions for,  100;  character  of, 
100;  land  for,  125;  rules  concern- 
ing, 125,  251,  252;  persons  com- 
mitted to,  126,  249,  250;  supplies 
for,  127;  care  of  dependents  in, 
248-257;  maintenance  of,  249; 
control  of,  249;  evil  conditions  in, 
252,  253;  medical  attention  for 
inmates  of,  252-257;  substitutes 


INDEX 


355 


for,  254;  ideal  function  of,  257; 
control  over,  304 

Poor-master,  duties  of,  165,  307; 
position  of,  245,  246;  poorhouse 
in  charge  of,   249 

Porto  Rico,  police  in,   176 

Posse  comitaliis,  power  of  sheriff  to 
call,  167,  168 

Precincts,  polling  places  in,  151; 
election  types  of,  320 

President,  village,  position  of,  331; 
duties   of,   335,   336 

President  of  the  United  States, 
position  of,  136,  137;  authority 
of,  over  law  enforcement  agents, 
196 

Printing,  contracts  for,  120,  121, 
124 

Prisoners,  sheriff's  responsibility  for, 
165,  169,  170-173;  maintenance 
of,  170,  171,  317;  segregation  of, 
171,    172,    173 

Prisons,  county  court  in  charge  of, 
50;  need  of,  96   (see  also  Jails) 

Private  corporations,  definition  of, 
88;  powers  of,  88,  89,  90 

Probate,  duties  of  local  government 
in,  98-100;  counties  in  charge  of, 
no.  III,  112,  156 

Probate  clerk,  appointment  of,  161 

Probate  courts,  county,  161 

Prohibition  laws,  enforcement  of, 
by  federal  agents,  94,  166;  duty 
of  state  police  to  enforce,  177 

Property,  authority  of  towns  over, 
32,  2,y,  tax  rate  on,  131,  132,  230- 
233;  condemnation  of,  156,  157, 
278;  liens  against,  159,  161; 
protection  of,  by  state  police, 
180;  classification  of,  232-237; 
difficulties  of  assessing,  232,  233, 
234,  236,  238;  valuation  of,  233, 
234,  236 

Property,  personal,  assessment  of, 
23s.  236 

Property  tax,  general,  reliance  on, 
1.3 1 »  237;  assessment  of,  230- 
233;  difhculties  of  levying,  232, 
233)  234,  235,  236;  abolition  of, 
237;  better  machinery  for  col- 
lection of,  237 

Prosecuting  attorney,  county,  du- 
ties of,  14;  title  of,  189  (see  also 
Prosecutors,  publir) 

Prosecution  of  criminals,   195-199; 


steps  in,   200-203;  emphasis  on, 

204,  205 

Prosecutors,  county  enforcement  of 
laws  by,  13;  election  of,  19,  83 
(see  also  Prosecutors,  public) 

Prosecutors,  public,  election  of, 
98,  189,  296,  299;  position  of, 
98,  i8r,  189,  190;  relation  of, 
to  county  board,  117;  relations  of, 
with  sheriffs,  173,  174,  199; 
inquests  requested  by,  183,  184; 
duty  of,  in  murder  cases,  185, 
186,  187;  relation  of,  to  state 
government,  189,  190,  196,  197, 
198,  289,  298;  various  titles  of, 
189;  function  of,  as  legal  adviser 
to  county  officers,  190-193;  duty 
of,  to  represent  county  in  litiga- 
tion, 193-195;  functions  of,  in 
law  enforcement,  195-199;  crit- 
icisms of,  197,  198;  responsibili- 
ties of,  198,  199;  salary  of,  198, 
199;  assistants  for,  199;  relation 
of,  with  other  law  enforcing 
agencies,  199,  200,  291,  299; 
cases  presented  to  grand  jury 
by,  201,  202;  need  of  reform  in 
oflBce  of,  203,  204;  politics  in- 
volved in,  204;  relation  of,  to 
public  defender,  208,  209,  210; 
functions  of,  211,  296;  mention 
of,_  293 

Public  corporations,  functions  of, 
88,  89;  creation  of,  330,  331; 
status  of,  332 

Public  defender  (see  Defender, 
public) 

Public  health,  control  of  state  over, 
9,  73;  protection  of,  134,  325; 
governmental  agencies  for,  259, 
260,  261;  department  in  charge 
of,   301;   regulations   concerning, 

333 

Public  lands,  survey  of,  56 

Public  service  corporations,  def- 
inition of,  88 

Public  utilities,  control  of,  by  state, 
9;  demand  of  cities  for  control 
over,  12;  taxation  of,  233;  status 
of,  in  suburbs,  339 

Public  works,  contracts  for,  9,  120, 
121,  122,  123,  124;  department 
for,  301 

Purchasing  agent,  need  of,  in  coun- 
ties, 127,  145 


356 


INDEX 


Pure  food  laws,  administration  of, 

10,  109 

Quasi-corporations,     definition     of, 

88,  90;  powers  of,  90 
Quorum,  of  county  board,  116 

Real  estate,  taxation  of,  236 
Recorder,  county,  election  of,  83, 
161;  duties  of,  118,  119,  158-161; 
claims  approved  by,  144;  land 
surveys  ordered  by,  161;  sub- 
stitute for,  161;  fees  of,  227; 
records  of,  288;  relation  of,  to 
other  officers,  291,  299;  mention 
of,  293;  appointment  of,  297 
Records,    keeping    of,    by    county 

officers,  118,  146,  147 
Referendum,    requirement    of,    for 
changing  county  seats  and  bound- 
ary lines,  78-81 
Reform,  public  interest  in,  289,  290 
Reform  schools,  need  of,  96 
Register  of  deeds,  supplies  for,  126; 
title  of,  158;  relation  of,  to  other 
officers,  291 
Registration   books,   provision   for. 

Representative  districts,  creation 
of,  5;  status  of,  as  areas  of  gov- 
ernment, 7,  8,  16;  counties  serv- 
ing as,  18,  52,  79,  80 

Representatives,  districts  for  elec- 
tion of,  5,  7,  8;  election  of,  by 
town    meetings,    35,    36 

Republic,    significance   of   term,    3 

Resident,  definition  of,  for  purposes 
of  poor  relief,  242 

Resorts,  licenses  for,    152 

Rhode  Island,  type  of  local  govern- 
ment, 58;  no  county  board  in, 
71;  appointment  of  sheriffs  in, 
164;  status  of  towns  in,  327,^  328 

Road  commissioners,  supervision 
of,  by  county  board,  118;  men- 
tion of,  292;  duties  of,  294,  295, 
313;  no  need  of,  295 

Road  districts,  status  of,  as  cor- 
porations, 89;  function  of,  319- 
320 

Road  supervisors,  township  roads 
in  charge'of,  278,  279,  307 

Roads,   control  of  states  over,  9, 

11,  73,   74,   276,   277,   278,   28s, 
307;   local   control   of,    12,    102, 


103,  277,  278,  279,  288,  289,  307, 
311;  maintenance  of,  13,  275, 
276,  277,  278,  279,  283,  284, 
287;  control  of  towns  over,  37, 
39,  263;  tax  for,  103,  230,  278, 
279,  282,  283;  work  on,  103,  120, 
121,  123,  278,  279,  282,  284, 
285,  286;  duties  of  county  board 
in  regard  to,  119,  120,  123; 
land  for,  125;  maps  showing,  152; 
effect  of,  on  extent  of  crime, 
174;  attitude  of  federal  govern- 
ment to,  276,  285,  286;  neglect 
of,  276,  277,  278;  distances  cov- 
ered by,  277;  contracts  for,  278; 
routes  of,  278;  officials  in  charge  of, 
278,  279;  importance  of,  279,  280; 
definition  of,  280;  classification 
of,  280,  281,  282;  cost  of,  282, 
283,  285,  286;  county  in  charge  of, 
288,  289;  township  control  over, 

311,314 
"Rotten  boroughs,"  meaning  of,  35 
Rural  districts,  crime  in,  95,   174, 
175;     state    police    desired     by, 
180;  hospitals  for,  258,  259;  need 
of  public  health  agencies  in,  259- 
261;  definition  of,  323,  328 
Rural  schools,  organization  of,  loi, 
102 

St.  Louis,  county  absorbed  by,  302 

Salaries,  prohibition  of  reduction 
of,  by  legislatures,  83,  84 

Sanitary  districts,  creation  of,  no, 
purpose  of,  320,  321 

Sanitation,  control  of  state  over,  9, 
73;  governmental  agencies  for, 
259,  260,  261 

School  board,  office  of,  60;  need  of, 
272;  selection  of,  272;  size  of, 
272;  mention  of,  292;  duties  of, 
272,  273,  295;  337,  338;  member- 
ship on,  295;  pay  of,  295;  selec- 
tion of,  295,  299,  337;  township 
board  as,  312 

School  buildings,  erection  of,  loi; 
maps  showing,  152;  regulation  of, 
267,  268,  269,  272,  273 

School  district,  status  of,  as  area 
of  local  government,  i,  319; 
creation  of,  loi,  102,  265;  de- 
mocracy of,  265;  meetings  held 
in,  265;  referendum  in,  265, 
266;  trustees  of,  266;  restrictions 


INDEX 


357 


on,  266,  267;  consolidation  of, 
270;  abolition  of,  272;  meetings 
in,  337;  municipalities  as,  337,  338 

School  officers,  supplies  for,  126, 
127 

School  superintendent,  (see  Super- 
intendent  of   schools,   county) 

Schools,  control  of  state  over,  9, 
II,  73,  266,  267;  268,  269,  270, 
304;  local  control  of,  as  a  factor 
in  democracy,  12;  inefficiency  in 
maintenance  of,  13;  establish- 
ment of,  by  towns,  37,  39,   59, 

262,  263;  children  required  to 
attend,  37,  267,  269,  272;  select- 
men in  charge  of,  40;  land  set 
aside  for,  57,  125;  control  of 
townships  over,  73,  311,  314, 
317,  318;  maintenance  of,  by 
local  authorities,  loi,  102,  ui, 
112,  337,  338;  tax  rates  for,  230, 

263,  266,  267,  272;  establishment 
of,  by  pioneers,  262;  relation  of 
government  to,  262-274;  social 
unity  promoted  by,  264;  pro- 
vision for,  outside  of  New  Eng- 
land, 264;  variations  in,  267, 
269;  standardization  of,  267,  268; 
provision  for,  in  counties,  262- 
273;  budgets  for,  273;  statistics 
of,  273;  centralized  control  over, 
269,  270,  271,  272,  273,  274, 
304;  maintenance  of,  by  munic- 
ipalities, 337,  338 

Schools  for  the  blind,  care  of  de- 
pendents in,   249 

Selectmen,  authority  of,  31,  32; 
duties  of,  37,  40,  41,  48;  election 
of,  38;  judicial  powers  of,  48; 
survival  of  office  of,  59;  supervis- 
ion of,  over  schools,  263;  roads  in 
charge  of,    278 

Selectmen,  l)oard  of,  election  of,  38; 
development  of,  40,  41;  duties 
of,  40,  41 

Self-governing  dependencies,  char- 
acter of,  3 

Self-government  (see  Local  self- 
government) 

Senate,  United  States,  state  rep- 
resentation in,  7,  36 

Senators  (U.  S.),  districts  for  elec- 
tion of,  8,  T,f> 

Sergeant   major,   duties  of,   50 

Sheriff,  county,  abolition  of  office  of. 


suggested,  11;  selection  of,  19, 
54,  71,  83,  164,  166,  181,  182,  296, 
299;  duties  of,  52,  93,  94,  95,  96, 
163,  164,  165,  166-173,  176,  181, 
200,  296;  arrest  of  Governor 
by,  94;  position  of,  98,  162,  163, 
164;  independence  of,  from  county 
board,  117;  claims  approved  by, 
144;  report  by,  153;  jury  sum- 
moned by,  157;  origin  of  office  of, 
162,  163;  military  power  of,  163, 
168;  term  of  office  of,  164,  296; 
accountability  of,  164;  relation 
of,  to  state  government,  165, 
166,  176,  178,  179,  189,  190,  298; 
importance  of,  on  frontier,  167; 
authority  of,  to  call  posse  com- 
italus,  167,  168;  conflicts  of,  with 
city  police,  168;  duty  of,  as  execu- 
tive officer  of  the  court,  168-170; 
pay  of,  169,  170,  227,  296;  deputy 
for,  169,  175,  176;  responsibility 
of,  for  prisoners,  170-173;  changes 
in  office  of,  173-175,  181,  182; 
failure  of,  as  peace  officer,  173, 
174;  difficulties  of,  174,  175; 
inquests  requested  by,  183;  re- 
lations of,  with  public  prosecutor, 
199;  relations  of,  with  other 
officers,  199,  200,  291,  299,  317; 
duplication  of  work  of,  303 

Shire-reeve,  sheriff's  office  derived 
from,  163 

Shires,  counties  known  as,  50; 
chief  officers  in,  163;  status  of, 
in  England,  162,  163 

Short  ballot,  effect  of  agitation  for, 

Special  districts,  15 

Special    legislation,    prohibition   of, 

concerning  counties,  84,  85,  86 
Speeding,     enforcement     of     laws 

against,  95,  96,  175,  176,  193 
Socialists,   opposition   of,    to   state 

police,  180 
Solicitor,    city,    position    of,    331; 

duties  of,  336,  337 
South,   type  of  local  governments 

in,   43,   44,   47,   60,   61,   65,   70; 

status  of  counties  in,  47,  53,  54; 

office  of  sheriff  in,    165;  county 

districts  in,  318 
South  (Carolina,  type  of  local  gov- 
ernment in,  60;   type  of  county 

board  in,  71,  72;  townships  in,  308 


3S8 


INDEX 


South-central  states,  local  govern- 
ment in,  55,  62,  63 

South  Dakota,  type  of  local  gov- 
ernment in,  63;  type  of  county 
board  in,  71,  72;  townships  in, 
308,310,  312 

Southern  type  of  local  government, 

Sovereign  states,  meaning  of,  2,  3 

Sovereignty,  attributes  of,  3,  4 

State,  definition  of,  1,  2,  3;  quali- 
fications of,  2 

State  administration,  powers  of,  9; 
causes  of  inefficiency  of,  13; 
service  of  local  governments  in, 
109,  no;  reforms  needed  in,  203, 
204 

State  agents,  use  of,  in  execution 
of  laws,  94 

State  aid  for  road  building,  285, 
286 

State  aid  for  schools,  268,  269 

State  assembly,  counties  as  units 
of  representation  in,  52 

State  boards  of  education,  functions 
of,  274 

State  department  of  justice,  need 
of,  203,  204 

State  government,  attitude  of, 
toward  local  governments,  56, 
III,  112;  relation  of  sheriff  to, 
165,  166,  189,  190 

State  highways,  creation  of,  285 

State  institutions,  care  of  depend- 
ents in,   248 

State  laws,  enforcement  of,  13,  19, 

94,  95 

State  penitentiaries,  prisoners 
turned  over  to,  169 

State  police,  creation  of  bodies  of, 
II,  173,  200;  use  of,  in  enforcing 
laws,  94;  need  of,  96,  204;  work 
of,  in  foreign  countries,  176; 
legislation  concerning,  176;  status 
of,  in  United  States,  176-180; 
relation  of,  to  sheriffs,  176,  178, 
179;  opposition  to,  179,  180;  de- 
sire for,  180 

State  representative  districts,  sta- 
tus of,  as  areas  of  government,  8! 

State  senatorial  districts,  status  of, 
as  areas  of  government,  8 

States  (U.  S.),  status  of,  as  federal 
units,  3,  4;  division  of,  into  minor 
areas,  4,   5,    14,    15,    16,   58-63, 


76;  cities  created  by  authority 
of,   5,   324;   judicial   districts   of, 

6,  7;  representation  of,  in  Senate, 

7,  8,  36;  situation  in,  if  organized 
into  administrative  districts,  8, 
9;  authority  of,  over  local  affairs, 
10,  II,  73,  74,  76,  77-87,  89,  90, 
134,  217,  224,  225;  centraliza- 
tion of  authority  in,  10,  11,  73, 
74,  76-87,  289,  290;  law  enforcing 
agencies  in,  13,  14,  166,  167,  173, 
174;  administrative  decentrali- 
zation in,  14;  division  of,  into 
congressional  districts,  18;  re- 
lation of  counties  to,  18,  19,  20, 
76-87,  89,  90;  collection  of  taxes 
by,  19,  104,  105,  237;  represen- 
tatives to  legislatures  of,  36; 
counties  and  townships  created 
by,  76;  political  power  of,  77; 
maintenance  of  peace  by,  93; 
care  of  dependents  by,  100,  240; 
control  of,  over  schools,  102,  103, 
266,  267,  268,  269,  270,  271,  272, 
274;  authority  of,  over  roads, 
103,  276,  277,  278;  control  of, 
over  elections,  106,  107;  authority 
of,  over  militia,  109;  contracts 
made  by,  121;  budget  systems  for, 
128;  accountability  of  sheriff 
to,  164,  181;  offenses  against,  195, 
196;  auditing  to  be  done  by,  228, 
229;  public  health  agencies  of, 
259,  261;  importance  of  educa- 
tion to,  271;  boards  of  education 
maintained  by,  274 

State's  attorney,  title  of,  189 
Stewards  of  the  poor  farms,   125, 

249,    253,    254 
Stocks  and  bonds,  taxation  of,  236 
Streets,  care  of,  325 
Strikes,  work  of  state  police  in,  180 
Subpoenas,  serving  of,  157 
Suburbs,    small    municipalities    as, 

338-340 
Suicide,  verdict  of,  184,  185 
Superintendent   of   county   institu- 
tions,   appointment    of,    125 
Superintendent  of  education,  duties 

of,  274 
Superintendent  of  poorhouse,   249, 

251,   252,   253 
Superintendent  of  schools,  county, 
claims    approved    by,    144;    au- 
thority of,  271,  272;  selection  of. 


INDEX 


359 


273,  297,  299;  duties  of,  273, 
338;  accountability  of,  to  state 
authorities,  289;  relation  of,  to 
other  officers,  291,  299,  301; 
mention  of  293 

Superintendent  of  schools,  state, 
authority  of,  271 

Supervisors,  board  of,  origin  of,  in 
New  York,  52;  duties  of,  52; 
types  of,  70,  71,  72;  number  on, 
114 

Supervisors,  county,  number  of, 
66,  67,  68,  69,  70;  types  of  boards 
of,  70,  71,  72;  fees  of,  227;  poor 
relief  in  charge  of,  246;  persons 
committed  to  poorhouse  by,  250 

Supervisors,  towTiship,  organiza- 
tion of  board  of,  312;  duties  of, 
312,  313,  319;  service  of,  on  town- 
ship board,  312 

Supplies,  contracts  for,  120;  pur- 
chase of,  by  county  boards,  126, 
129 

Supreme  Court  of  the  United  States, 
decision  of,  concerning  grand 
jur>',  202,  203 

Surx'eyor,  county,  appointment  of, 
54,  125,  298,  299;  duties  of,  161; 
relation  of,  to  other  officers, 
291,  299;  mention  of,  293 

Surveyor,   town,  duties  of,  41 

Surveyors,  employment  of,  on  roads, 
284 

Tax  books,  preparation  of,  148 
Tax  gatherers,  hatred  of,  104 
Tax  rate,  fixing  of,  33,  34,  86,  128, 
300,  311,  312,  318,  321,  335,  340; 
authorization  of,  131,  132 
Taxation,  control  of,  by  town  meet- 
ings, 33,  34;  need  of  better  ma- 
chinery for,  105;  function  of 
county  in  administration  of, 
130-132 
Taxes,  control  of  state  over,  9; 
control  of,  by  local  authorities, 
12,  19,  33,  34,  39,  46,  103-105, 
III,  112,  137,  226,  227;  towns  in 
charge  of,  28,  33,  34,,  39,  59; 
collection  of,  by  parish,  46; 
collection  of,  by  counties,  49, 
50,  59,  137,  226,  227;  justice 
supported  by,  98;  service  of 
county  clerks  in  collection  of, 
147,  148,  149,  152;  sale  of  prop- 


erty for,  148,  149;  payment  of, 
to  treasurer,  214;  delayed  en- 
tries of,  221;  collection  of,  by 
collector,  225;  percentage  paid 
for  collection  of,  226;  assessment 
of,  229,  230,  231,  232,  233; 
separation  of  sources  of,  237; 
control  over,  303,  304  (see  also 
Assessment   of   taxes) 

Teachers,  employment  of,  266,  273; 
pay  of,  267,  268,  269,  272;  quali- 
fications  of,    272,    273 

Tellers,  election,  appointment  of, 
106 

Tendencies  affecting  local  govern- 
ment, 72-75 

Tennessee,  pioneer  period  in,  55; 
tj^pe  of  local  government  in,  60; 
type  of  county  board  in,  71 

Texas,  state  police  in,  11,  177;  type 
of  local  government  in,  60;  type 
of  county  board  in,  71 

Texas  Rangers,  account  of,   177 

Titles  to  land,  recording  of,  107,  108 

Town  clerk,  town  meeting  called 
to  order  by,  29,  30;  election  of, 
38;  duties  of,  41;  office  of,  59; 
land  titles  recorded  by,  159 

Town  hall,  tax  for,  voted  by  town 
meeting,  33;  care  of  dependents 
in,  248 

Town  meeting,  description  of,  28; 
powers  of,  28,  29,  31,  32,  33, 
34;  calling  of,  28,  29;  procedure 
in,  29;  officers  of,  29,  30;  influence 
o^  30,  39,  40;  functions  of,  30- 
38;  selection  of  representatives 
by,  35,  36;  local  affairs  admin- 
istered by,  36,  37;  ordinances 
passed  by,  37,  38;  officers  chosen 
by,  38,  39;  status  of,  in  New 
England,  59,  60;  school  estab- 
lished by,  263;  township  meeting 
similar  to,  311 

Town  officers,  enforcement  of  state 
laws  by,  13;  salaries  of,  34; 
selection  of,  by  town  meetings, 
38;  duties  of,  38,  39,  40,  41;  au- 
thority of  county  court  over,  50, 

51 
Towns,  status  of,  as  areas  of  local 
government,  6,  54,  55,  56,  58, 
59,  65,  323;  importance  of,  in 
New  England,  24,  26,  27,  28, 
58,  59;  origm  of,   25,  326,  330; 


36o 


INDEX 


distinction  between  townships 
and,  25,  26;  definition  of,  25,  329; 
jurisdiction  of,  25,  26,  47,  48; 
attitude  of  American  colonies 
toward,  27,  28;  judicial  powers  of, 
28;  right  of,  to  exclude  persons, 
30,  31,  32;  lands  owned  by,  32, 
33;  representatives  of,  in  colonial 
assembly,  35;  local  affairs  of, 
36,  37;  organization  of,  39,  40, 
42,  325,  326,  330;  functions  of, 
39,  40,  325,  327,  328,  329;  officers 
of,  40,  41,  331,  339;  origin  of 
townships  from,  41;  character- 
istics of,  outside  of  New  England, 
42,  43,  44,  45;  lack  of,  in  Penn- 
sylvania, 45,  46;  authority  of 
county  court  over,  50,  51;  use 
of,  as  administrative  districts, 
59;  status  of,  as  corporations,  88, 
89;  duty  of,  to  care  for  depend- 
ents, 239,  240,  242,  243,  249; 
schools  in,  262,  263;  comparison 
of,  with  cities,  324,  325,  326; 
classification  of,  as  urban  centers, 
327,  328,  329;  incorporation  of, 

330,  331,    332;    government    of, 

331,  332;  powers  of,  332;  re- 
organization of,  as  cities,  332,  ^^^i 
powers  of  councils  in,  333,  334, 
335;   status  of,  as  city  suburbs, 

338,  339,  340;  public  utilities  in, 
339;    absorption    of,    into    cities, 

339,  340;  variations  in,  340 
Township  chairmen,  duties  of,  312, 

313 

Township  meetings,  states  in  which 
held,  310,  311;  function  of,  311, 
312;    degeneration    of,    311,    312 

Township  officials,  taxes  collected 
by,  19;  indefinite  status  of,  19; 
information  concerning,  153;  elec- 
tion of,  311 

Township  trustees,  services  of, 
as  board  of  review,  132,  133; 
persons  committed  to  poorhouse 
by,  250;  roads  controlled  by,  278; 
types  of  boards  of,  312;  functions 
of,  312,  313 

Townships,  status  of,  as  area  of 
local  government,  i,  15,  16, 
17,  54,  S5>  60,  61,  62,  63,  64, 
65,  66,  309,  310,  324,  325;  juris- 
diction of,  5,  26;  reason  for 
maintenance   of,    13,    313,    314; 


chief  characteristics  of,  16,  20; 
functions  of,  17,  18,  34,  39,  77, 
92-113,  288,_  289,  290,  331;  use 
of,  as  administrative  districts, 
18,  19,  20;  definition  of,  21;  origin 
of,  24,  _  25,  41,  308,  309,  310; 
distinction  between  towns  and, 
25,  26;  organization  of,  44,  45, 
53y  325;  powers  of,  in  New  York, 
45 ;  status  of,  in  Pennsylvania, 
45 >  S3,  91;  absence  of,  in  Virginia, 
45;  place  of,  taken  by  counties, 
47;  loss  of  authority  of,  52,  72, 
73,  82,  83,  288,  289,  290,  310; 
status  of,  in  South,  53,  60,  61; 
development  of,  in  West,  55,  56, 

60,  61;  creation  of,  56,  324; 
naming  of,  56;  granting  of,  for 
school  purposes,  57;  number  of, 
in  United  States,  57;  service  of, 
as  justice  of  the  peace  districts, 
60;   status  of,  in  central  states, 

61,  62,  63,  64,  65,  66;  relation  of, 
to  counties,  66-72,  307;  state 
control  over,  76,  87;  legal  status 
of,  76-91,  310;  changes  in  bound- 
aries of,  80,  81,  116,  134;  status 
of,  as  bodies  corporate  and  politic, 
87-91;  status  of,  in  Michigan, 
91;  maintenance  of  schools  by, 
loi,  102,  264,  270;  control  of, 
over  highways,  102,  103,  278,  279, 
280,  282;  part  of,  in  collection 
of  taxes,  104,  105;  control  of, 
over  elections,  106,  107;  service 
of,  as  state  administrative  dis- 
tricts, 109,  no;  assessors  ap- 
pointed by,  229,  230;  duty  of, 
to  provide  for  dependents,  239, 
240,  244,  249;  existence  of,  in 
United  States,  307,  308;  relation 
of  municipalities  to,  310;  meetings 
in,  310,  311,  312;  boards  of,  312; 
officers  of,  312,  313,  314,  315, 
316,  317;  no  need  for,  317,  318; 
comparison  of  county  districts 
with,  318,  319;  relations  of,  with 
municipalities,  331,  334 

Treasurer,  county,  duties  of,  50, 
165,  212,  213-218,  227,  297; 
selection  of,  83,  212,  222,  224, 
225;  deputy  of,  126,  216,  297, 
299;  claims  approved  by,  144; 
warrants  paid  by,  146;  taxes 
collected  by,  148,  149,  227;  re- 


INDEX 


361 


port  by,  153;  public  prosecutor 
as  legal  adviser  to,  191,  192; 
term  of,  212;  bond  of,  213;  pay 
of,  213,  227;  records  of,  215,  216, 
288;  funds  in  charge  of,  217,  218, 
219,  223,  224;  interest  retained 
by,  219,  220;  depositories  selected 
by,  220,  221,  224;  opportunity 
of,  for  spoils,  221,  222,  223,  224; 
need  of  reform  in  office  of,  222, 
223,  225;  reasons  for  defalcations 
of,  223-225;  audit  of  books  of, 
by  state  authorities,  222,  225, 
297;  relation  of,  to  other  officers, 
291,  299;  mention  of,  293 
Treasurer,  municipal  (see  Treasurer, 

town) 
Treasurer,    town,    election    of,    39; 
office  of,  59,  331;  duties  of,  336 
Treasurer,  township,  duties  of,  307, 

312,  313 
Trial,  procedure  in,  203 
True   bills   (see   Indictments) 
Trustees,  municipal,  board  of,  331 
Trustees,   school,  office  and  duties 
of,  266,  271,  restrictions  on,  266, 
267,    268;    substitutes    for,    270, 
271,  272 
Trustees,  town,  duties  of,  37 
Trustees,  township,  board  of,  serv- 
ice of,  as  board  of  review,  132,  133 
Tuberculosis    sanitariums,    mainte- 
nance of,  256,  257 
Types  of  local  government,  63-66, 
70 

United  States,  status  of,  as  political 
unit,  2,  3,  4;  creation  of  cities 
in,  5;  representative  districts 
in,  7,  8;  administrative  districts 
in,  8,  9,  10,  11;  preference  of, 
for  local  sclf-Rovemmcnt,  11, 
12,  13;  areas  of  local  self-govern- 
ment in,  15,  16,  17;  number  of 
counties  and  townships  in,  57, 
134.  135;  Jicarc  officers  in,  166; 
early  j)oor  relief  in,  240,  241; 
justice  of  the  peace  in,  315 

Unity,  necfl  of,  for  local  self-govern- 
ment, 21,  22;  factors  in,  22,  23,  24 

Urban  population,  definition  of, 
327,   328 

Utah,  type  of  local  government 
in,  60;  type  of  county  board  in, 
71,  72 


Verdicts,  types  of,  in  coroner's 
juries,  184,  185 

Vermont,  type  of  local  government, 
58;  type  of  county  boards  in, 
71;  status  of  municipalities  in, 
328,  329 

Vestry,  parish,  election  of,  46; 
duties  of,  46,  47 

Villages,  status  of,  as  areas  of  local 
government,  1,  6,  323;  existence 
of,  in  New  York,  44;  towns 
similar  to,  59;  status  of,  as  cor- 
porations, 88,  89;  presidents  of, 
136;  duty  of,  to  provide  for  poor, 
239,  240,  243,  244;  relation  of, 
to  townships,  310;  similarity 
of,  to  cities,  324,  325,  326;  organ- 
ization of,  325;  functions  of,  325, 
327,  328,  329;  creation  of,  326, 
330;  definition  of,  329;  incorpora- 
tion of,  330,  331,  332;  govern- 
ment of,  331,  332;  officers  of,  331, 
339;  powers  of,  332;  reorganiza- 
tion of,  as  cities,  332,  333;  powers 
of  councils  in,  333,  334,  335; 
status  of,  as  city  suburbs,  338, 
339,  340 

Virginia,  local  government  in,  44, 
45,  46,  60;  importance  of  counties 
in,  54;  type  of  county  board  in, 
71;   magisterial   districts  in,   319 

Vital  statistics,  records  of,  41,  47, 
99,   no,   157 

Voters,  registration  of,  151,  152; 
grand  jury  selected  from,   201 

Voting,  methods  of,  106,  107 

Warrant  book,  keeping  of,  by  county 
board,  119 

Warrants,  financial,  county  clerk 
in  charge  of,  146,  152;  signing  of, 
by  auditor  or  clerk,  217;  pay- 
ment of,  by  treasurer,  217,  218, 
221;  drawing  of,  336;  warrants 
for  arrests,  service  of,  168;  issue 
of,  for  criminals,  200,  316 

Washington,  type  of  local  govern- 
ment in,  60;  type  of  county  board 
in,  71,  72;  absence  of  townships  in, 
308 

Watchers  at  elections,  appointment 
of,  106 

Water,  supply  of,  9,  325,  ^3^;  need 
of  inspection  of,  260 

West,  local  government  institutions 


362 


mDEX 


iri.  55.  56,  60;  county  districts 
in,  318 

West  Virginia,  type  of  local  govern- 
ment in,  60;  type  of  county  board 
in,  71,  72 

Wills,  probation  of,  99 

Wisconsin,  t>pe  of  local  govern- 
ment in,  61;  t>'pe  of  county  board 
in,  71;  townships  in,  308, 310,  311, 


312;    township    board    in,    312; 

township  chairman  in,  312 
Witnesses,     subpoenas     for,      157; 

sheriff  in  charge  of,  168,  169 
Wyoming,  t>pe  of  local  government, 

60;  t>'pe  of  county  board  in,  71, 

72 

Yellowstone  Trail,  marking  of,  286 


This  book  is  DUE  on  the  last  date  stamped  below 


^■^'«  8  •  i230 
TUL  1  7  1931 

ill' 

JUL  3  1  1931 


NOV  1  0  1950 


JUL 


SEP    2  8    ij 

FEB  1  7  1933 


RErD,URL4J) 


Form  L-9-15m-ll,'27 


\^^°^ 


/ 


AA    000  514  383    9 


K- 


